Examples Of Police Discretion

Everyday police officers are faced with two difficult decision to make. Whether to intervene in the situation and how to intervene when they observe something suspicious or illegal happening. Police discretion is defined as having the power to make decision, and choosing how to respond to a given situation depending on the circumstances. Even though, there are law in place it is still up to a police officer own discretion. Ultimately, police officers have the choice to enforce the law and how to carry it out in public. In the text book “Policing America” by Ken Peak he states that there are two criminal law in discretion. “the formality and the reality. The formality is found in the statute books and opinions of appellate courts; the reality is found in the practices of enforcement officers” (82). He also, demonstrate when should each criminal law be use. However, there are negative and positive aspects of police discretion. Also, there are pros and cons of allowing patrol officers to make discretionary decisions.

Police officers are faced each day with a variety of situation in which they must deal; therefore we should ask ourselves the following questions: Should police officers enforce the law equally in all situations? In what situations should police officers be allowed to not enforce the law? What types of situations would they be required to fully enforce the law? Why does police discretion exist? What are its strengths and weaknesses? And what is the relationship between police discretion and police ethics?

Police discretion is a decision made by an officer whether to enforce the law or to let the offense go as a warning. An easy example of police discretion is when a person gets pulled over for a traffic violation, something like speeding. The officer could either let you off with a warning or he or she could give you a ticket. Depending on how the person is behaving the officer will use some discretion, if you're mean with a attitude the officer will probably give you hefty ticket. If you are a well mannered law abiding citizen who normally doesn't get into trouble the officer will hopefully let you go with a warning.

By accepting the role as a police official, you have to use discretion. Discretion is defined as the availability of a choice of options or actions one can take in a situation. Discretion involves making a judgement and a decision to your best ability. Police discretion is exercised by performing the following actions: arresting; stop, question, or frisk; the use of physical and or deadly force; the documentation of traffic summons; investigating a crime; reporting a crime; and using certain enforcement tactics such as moving loiterers, warning, and etc. Discretion is exercised to enforce laws and maintain order and protect life and property.

Police discretion advances or hinders the overall goals of law enforcement When police officer uses their police discretion in a positive way have advances it allow the law enforcement officer to make an effectively decision in the field because their no clear-cut solution to handle certain problems and it allow them to handle the situation or the problem. By being a police officer and in this type field the police work has many advantages a one of the such advantages allow the officer to have, “flexibility to handle each situation in a manner that best fits its individual needs”. Another advance for a police officer to be able to utilize their discretion in a positive way to be able to determine what does acceptable level of force use against a suspect. The advance

Police have the responsibilities that help to regulate duty and, “there are five core roles for police agencies in that province: crime prevention, law enforcement, assistance to victim of crime, public order maintenance, and emergency response”(Ruddell, 134). However, if the police do not attempt to follow theses five core principles then discretion can arise and becomes problematic. Discretion an officer may exert is based on their own interest that may play greater role in decision making. Although, there is a positive aspect that goes for the use of force in scenario’s where the offender might cause harm to another. For instance, if one individual is on a killing spree, then force may be necessary to stop him or her.

In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today?

Discretion is not doing as you please. Discretion is bounded by norms. The future of policing as a profession depends upon whether discretion can be put to good use. Two problems impending police professionalization, however, in that there are few uncontroversial areas in police work, than in other professions. Sometimes the public wants no enforcement, and other times they want strict enforcement. Citizens will scream false arrest in the first case, and some groups may file a write of mandamus in the second case.

Schmalleger (2014) defines discretion as an opportunity for law enforcement officers to exercise choice in their daily activities. This gives an officer flexibility to evaluate each situation as it pertains to the needs of the individuals.

Police discretion by definition is the power to make decisions of policy and practice. Police have the choice to enforce certain laws and how they will be enforced. “Some law is always or almost always enforced, some is never or almost never enforced, and some is sometimes enforced and sometimes not” (Davis, p.1). Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. Until 1956, people thought of police discretion as “taboo”. According to http://faculty.ncwc.edu/toconnor/ 205/205lect09.htm, “The attitude of police administrators was that any deviation from accepted procedures was extralegal and probably a source of corruption.

In the United States of America, law enforcement has the ability to make their own judgement, while encountering criminals. Although discretion is at all levels of the police department, law enforcement agencies can easily make unlawful decision. Researchers determined that police officers are prohibited from using offensive language or speaking discourteously, abusing their authority, and using unnecessary force (Carroll, Kovath, & Pereira, 2004). Law enforcement officers are expected to respect their community and ensure that all citizens are kept safe. Some police activity can occur in a private view without supervision from the public, which allow police officers to make a reasonable decision. Police often make quick reaction when it comes

One aspect of the criminal justice system that has been debated for many years is that of police discretion. Police discretion is defined as the ability of a police officer, a prosecutor, a judge, and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. This basically is saying that there are situations when these law enforcement officers have to use their own personal beliefs and make choices coming from their own morals and ethics. The subject of police discretion was discovered in 1956 by the American Bar Foundation and has been an important problem in criminal justice since that time. When it

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 since it is impossible to record everything on what they are supposed to do and not do. We can also understand that if you could record all the rules and regulations it would be too extensive for an individual to comprehend.

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 & 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 practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).

Discretion is the disposition of decision making in particular situations especially in professional jobs. Discretion has been most ample in professions such as one of a police officials’ job. Since the 19th century, individuals have been encouraged to developing works in making policing effective while also managing to maintain democratic values, such as the man known as Herman Goldstein. Goldstein elucidated various ways that police discretion influenced the U.S. Criminal Justice System (qtd. in Simon). Police officers differentiate and are trained to act accordingly to manners such as, the proper and necessary methods of intervention for stopping future crime.