Police Abuse Of Discretion And 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?

First, having discretion in the police department can have numerous positive attributes. This can lead to a positive outlook from the community. The officer has many chances to use discretion for the people, meaning understanding the situation and acting based on that situation not going straight to the rule book. Rather use the rule book for a stricter guideline. An example would be if someone were to violate the law, the police officer could rather warn them then give them an expensive ticket or arrest them leaving them with a positive idea of the police and giving them a chance to correct their ways without paying heavy court costs. In Matthew Taylor's article “ Police discretion can reduce crimes and save lives” while talking about the positives of discretion he

Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can

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.

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.

Today, police discretion is a very important aspect to the criminal justice field. There are different substances where discretion is not discipline enough or not monitored enough even though having discretion is not always bad. There are still ways to abuse it and today police officers have their own way of using police discretion for different situations. Discretion can be defined as someone having the power or authority to make a decision based on what they feel should be done in a certain situation. Police officers are taught how to handle certain situations according the law. But when the officer is on duty no one is there to make sure that they are making the right decisions that follow the law and according to the law, there are not set guidelines in the law for police discretion which give the police officer an advantage. Discretion is used by police officers when they are facing a decision with a bunch of results that could handle the situation but the officer has control to pick which result they would want to choose.

The article of 12 year-old Tamir Rice puts the audience in awe again even after the incident regarding Michael Brown. As mentioned this event happened so close to the indictment of the police officer who shot Michael Brown so it has enraged the community. Rice was at a local park aiming his gun at people, someone reported it and when police arrived and try to talk to the boy he put his hand on his waist like reaching for the gun. The police officer took two shots, to which the boy later died in the hospital. When the police inspected the gun they figured out that it was a bb gun. (Bever, 2014) One can connect this case with that of Police Discretion, one may feel that the action that the police officer took but others might think it was uncalled for. Unfortunately, stuff like this happens often and some of the times the whole situation can be avoided if it is thought out before action is taken.

The use of discretion, and the use of force is a major issue within the police field. The law does not cover every situation that a police officer encounters. Decisions must be made very quickly, usually without time for input from another source. The exercise of discretion is not the problem; the abuse of discretion is the problem. This use of power can open many negative possibilities such as racism, gender bias, and other forms of inequality. The amount of force an officer uses depends on the level of resistance or threat an offender may pose. Using the Graham standard, officers must apply constitutional levels of force, that’s based off the circumstances of the case. In regards to corrections, the art of communication is very vital. The

The police will sometimes pity a situation and offer lectures or what a few officers that I rode along with call “free therapy session” to some offenders depending on these factors. The situation factor also play a big part when the police make a decision based on discretion. Some of the factors include how serious the crime is, the type of property that is involved in the crime. The police also become more official in the company of other people like the eye witness, an audience, or reporters and press. Last but not least the systems include factors in the society’s structures that come into play when the police exercise their discretion power.

Police “officers work and live in a constantly changing environment in which they are exposed to a myriad of ethical conflicts. When either unprepared or unaware, police officers are more likely to “go with the flow” than they would be if they were adequately prepared to face potentially ethical risks.” (Gilmartin & Harris, 1998) Most ethical violations are committed because the officer is exposed to a situation in which he was inadequately prepared. The lack of time to think about the situation before committing an ethical violation has detrimental life changing consequences. Police work can be very exciting and very rewarding but if not properly prepared and trained an officer can easily find himself involved in an ethical violation. Understanding the issues and being mentally prepared will help police officers become more responsible and make better

Police tend to become much more bureaucratic when witnesses, an audience, or the media are present” (http://faculty.ncwc .edu/toconnor/205/205lect09.htm). The final cause of discretion is system variables. This cause deals with how “police tend to become lenient when the court and correctional systems are clogged; how police tend to become strict when the city needs revenue; the size and structure of the department controls individual discretion; how communities that have sufficient social service resources, like de-tox and mental health facilities, allow officers to use more non-arrest options; and the way in which officers are summoned plays a role in how they will act when they get there” (http://faculty.ncwc.edu/toconnor/205/205lect09.htm).

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