Factors That Affect Police Decision Making Essay

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?

In dealing largely with disorderly elements of the society, some people working in law enforcement may gradually develop an attitude or sense of authority over society, particularly under traditional reaction-based policing models; in some cases the police believe that they are above the law. In other cases, police corruption and misconduct may be explained by individuals and individual faults- behavioral, psychological, background factors, and so on.

"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)

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 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, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion than employees on the top.

Police behavior plays a gigantic role in whether or not an officer will be willing to use excessive force against a suspect such as their background, training, morals, and composer in stressful situations. In Worden’s article he explains three theories about police behavior that comprise of existing research on police behavior and they’re training. These are sociological, psychological, and organizational theory. He explains sociological theory as the premise that police behavior is

Discretion in policing and the court system is a necessary and unavoidable facet of criminal justice work, yet it is still very controversial. Discretion exists when courtroom actors (police officers, attorneys, judges) have the flexibility to choose an appropriate response to a situation. 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 prosecuting attorney, multifarious avenues of discretionary decisions are available to resolve a case. Potential issues that could arise and that are ever-present in everyday policing include racism, sexism and socialism (Miller, 2015). These issues ultimately have a negative affect on the criminal justice process, leading civilians to not trust the one process and actors that are there to help them. While discretion should play a role in the actions a courtroom actor takes and cannot be eliminated entirely, instead it should be limited and controlled throughout the criminal justice environment so that citizens can once again trust the process and so that there will be no disparities.

Police “working personality” is limited by an unquestionable tacit within the police subculture, surrounded by shifting perceptions, depending on the situation.

Police officers in a crime prone region and in areas with extreme rowdy criminal behavior may develop some degree of dislike for the law breakers and their approach to dealing with the criminals may be brutal. In such situations, the police officers enforcing law and order act based on their emotions rather than their professional expectations.

The topic of police in general, and the brutal beatings, shootings, and arrests that have occurred over the past couple of years in the United States has hit the media full force, leaving many wondering what actions should be taken to keep the peace. Many question the system as a whole, and the training police officers receive, as well as their mental health. Across the borders, police are trained differently and follow various policies that may seem ridiculous or foreign, however, when comparing and contrasting two police systems, the similarities may be alarming, and the differences may be great, but knowing the strengths and weakness of each different system, can help towards progressing to have a better system and better training for police officers.

The use of excessive force by police officers is a topic that continues to make headlines and a study that needs to be done. Although much research has gone into this topic there still is no consensus on why the use of excessive force occurs. Some studies suggest lack of training and/or problems with organization policy/procedures. Law enforcement officers are authorized to use force when necessary, but when the level of force is excessive, however, the actions of the police come under scrutiny. The resulting effects can include; public outrage, scandal, negative reputation for not only the officer but the law enforcement community, and criminal considerations. Although there’s is no concrete definition of excessive force, police

Law enforcement, in some form, has existed for centuries and since its creation there has been numerous improvements. Improvements have come about because of community changes and the need for more effective ways of policing the people. As crimes became more fierce and complex so did the need for the investigation and solving of these crimes. Criminal investigative techniques were not just born from thin air, some thought and planning had to go into figuring out the proper ways to go about doing things. Pioneers of the criminal justice and criminal investigation field such as August Vollmer, Alphonse Bertillon, Edward Henry, and Edmond Locard have made superior contributions to the development of criminal investigative techniques. These techniques have impacted the way police operate today and set a substantial base for law enforcement to build on.

When debating the issue of police use of force, the issue of what actions constitute too much force must also be addressed. Another concern is the possibility of corruption amount officers. When given such great power, the probability of corruption is high. Officers generally do not start out as corrupt, but years of work on the force can create animosity between officers and suspects and lead them to decide to use force more quickly (McEwen, 1996). Many times, officers patrol the streets alone which creates the opportunity for potential abuse of power (McEwen, 1996). Although police officers need to be permitted to exercise some discretion, they also need limits and guidelines to follow when using their powers of discretion (Manning, 1997). The decision to use force should not be taken lightly in that citizen’s lives are at stake. Police should be allowed discretion in decisions to use force; however, this discretion should be limited. In several cases in Arizona, officers have used deadly means of force. In all cases, the officers