As a law enforcement officer, every situation will be handled differently. Everything is not always black and white, in fact when it comes to policing there are a lot of grey areas. This is where discretion plays an important role. An officer will use discretion in almost every situation he or she encounters; however there are times where an officer’s discretion is limited. There are many different factors that come in to play, some that are limiting to an officer’s discretion, and some that
is police discretion and why is it important for officers to use discretion. What are the factors that police use when making discretionary decisions. Can discretion be abused by law enforcement, if so how. What is Police Discretion? Introduction Exactly what does discretion mean when it comes to a police officer whose job it is to enforce societies written laws and statues? Who decides how much discretion is allowed and when it can be used? What kind of issues concerning an individual
Firstly, we must bear in mind that discretion is not just restricted to police officers. In fact, it is prevalent in almost every facet of criminal law. The criminal justice system in the United States allows the use of discretion widely through the police, defense attorneys, prosecutors, judges, parole officers. However, as the ostiaries of the justice system, it is the police who make perhaps the most critical decisions. They are the ones who must decide how to diffuse a particularly heated crisis
Laws, policing, communities, and relationships, are constantly shifting. In this course, Police and Diversity 202, with professor Vincent Del Castillo, we’ve explored the pervasive influences and shifts of interactions between law enforcement and diverse groups. In the 21st century factors such as culture, race, ethnicity, stereotypes, and technology, have become so complex in how it affects the relationship between police officers and the community. Police Officers in America face diverse individuals
Although, there is no one significant equitable remedy for resisting the enforcement of restraint of trade clauses in employment contracts, certain authorities tend to indicate that the most effective equitable remedy is an injunction, paired with declaratory relief. An injunction is an equitable remedy commonly used to prevent interference with equitable rights (in its exclusive jurisdiction) or to assist in the enforcement of legal obligations (in its auxiliary jurisdiction). The remedy will
new way to continue the marginalization of blacks by using the criminal justice system. In Michelle Alexander’s book “ The New Jim Crow”, she shows how America’s “ War on Drugs “ has become a tool of racial segregation and how the discretionary enforcement of drug laws has resulted in an overwhelmingly negative affect on its black population. In the early days of colonial America, slavery was not as common as we would think. The primary method of securing the cheap labor needed to work the land
Structural injustice in the criminal system can occur due to an individual’s implicit bias affecting their discretionary actions; however, the central question rests in who bears the moral responsibility of this injustice? In my opinion, individuals and sovereign institutions share the moral responsibility for the structural injustice that results when implicit bias influences discretionary actions in the criminal justice system, but the greater responsibility is vested in officials with authority who
Police discretion is defined as “The opportunity of law enforcement officers to exercise choice in their daily activities” (Nowacki, 2015). This means that actors with a great deal of discretion at their disposal may allow biases to affect their decision-making. These decisions lead to important implications throughout the criminal justice process, especially in the courtroom. The process begins with the decision to arrest by a law enforcement officer in the field. Once the case is forwarded to the
staff conduct paper Many things play a role influencing how criminal justice officers will act and how the actions will affect the criminal justice system and the society that they have to protect and serve on a daily basis because of the influences of their actions. In the paper, it will be discussed the assess risk, responsibility, and financial effect working together with discretionary power worked out. By staff in the criminal justice system, and What part does a civilian oversight committee
Constitutional Significance of the Rule of Law The rule of law means different things to different people. The meaning of the rule of law is a state of order in which events conform to the law. The rule of law often is stated to be one of the fundamental doctrines of principle of the UKconstitutional. Generally it has been seen as a characteristic feature of western liberal democracies. A widely-assumed meaning of the "rule of law" is that of peaceful resolution of disputes