Police Discretion David Gonzalez University of Phoenix Introduction to Policing CJA/370 Professor John W. Feltgen June 23‚ 2005 Abstract In this paper I will discuss police discretion and the use of these discretionary powers in the law enforcement workplace. I will explore the mythical aspects of police discretionary powers and the source of this myth. I will further discuss the control of discretionary authority. I will name instances of law enforcement officials using their discretionary powers
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To define discretion is a pretty easy task. Discretion is something you use before you do something. Discretion means to decide to do the right thing before you do the wrong thing for example you would use discretion to decide when you see a person acting strange on the street would you go over to ask that person if they are alright or would you just make the choice to walk away. Discretion is used because it gives us the ways to make a choice if we need to. We use discretion in everyday life we
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Discretion is defined as the authority to make a decision between two or more choices (Pollock‚ 2010). More specifically‚ it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau‚ 2011). Every police officer has a great deal of discretion concerning when to use their authority‚ power‚ persuasion‚ or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement
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Discretion is a major factor in the entire criminal process and refers to the freedom of choice to carry or not carry out something. This can be seen in both a positive and negative light as the police and court can both use discretion which can be damaging to either party in court in terms of achieving justice. The role of discretion within the criminal justice system has many advantages and disadvantages in the way it deals with achieving justice for individuals. Discretion can be explored through
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Marx and Weber: Critics of Capitalism In spite of their undeniable differences‚ Marx and Weber have much in common in their understanding of modern capitalism: they both perceive it as a system where "the individuals are ruled by abstractions (Marx)‚ where the impersonal and "thing-like" (Versachlicht) relations replace the personal relations of dependence‚ and where the accumulation of capital becomes an end in itself‚ largely irrational. Their analysis of capitalism cannot be separated
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Police Discretion Police discretion is the ability to choose a course of action because of broad limits of power. It "refers to the autonomy an officer has in choosing an appropriate course of action" (The Police In America‚ 113). It "includes authority to decide which of the various means of helping the helpless‚ maintaining order‚ and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion
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The Meaning of Discretion By definition‚ discretion means freedom to act or judge on ones own. With this privilege‚ evolves both pros and cons. A major problem which may occur are inconsistencies with the law. The same type of crimes may be given different punishments by judges. This would create controversy and accusations of prejudice and bias would certainly evolve. If the law were emphasized on discretion‚ the power would be mainly in judges and government official’s hands. It would be their
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are just two of many statistics‚ which will be discussed later‚ supporting the claim of the minority population that there are issues in the current system; specifically with regard to prosecutorial discretion and racial disparities in sentencing amongst the American people. Prosecutorial Discretion is defined as the authority of the Prosecutor to decide who to charge with a crime‚ what charges to file‚ when/if charges will be dropped‚ whether a plea bargain will be offered‚ and how to utilize prosecutorial
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Police Discretion Should all police officers of America be advised to enforce the law equally in all situations? Before a justifiable response‚ let’s create a scenario; a full grown man in his early twenties is walking in a residential neighborhood‚ carrying a baseball bat and smashing car windows. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives
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Public Administrative Reforms Subject: Public Administration Administrative Reforms Glimpse of the Public Administration- Public administration is both an academic discipline and a field of practice; the latter is depicted in this picture of US federal public servants at a meeting. Public administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants
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