Essay on Police Abuse of Discretion

Excessive force being used by officers has been an ongoing issue since law enforcement was created. During the Civil Rights movement of the 1960s, it has been made aware that minorities were a target for the law enforcement of that time. The 1967 murder cases of “Chaney, Goodman, and Schwerner against the sheriffs of Neshoba and Lauderdale County” at that time was huge seeing as everyone involved in the case got off without any charges (Wynter). After years have gone by and the 41st anniversary of their deaths has happened, someone was convicted. All this time, no one would speak up against the police of these counties in fear of being brutally murdered just like the three men that was in their care. The injustice of it did not make sense

Throughout police history in the United States and around the world there have been numerous incidents of reported police brutality and other forms of corruption including taking bribes, theft, sexual deviance, and many more. In our present time corruption has decreased significantly from what it once was decades ago but still exists. One of the most publicized cases of police brutality, if not the most, was the beating of Rodney King. Most people have heard about the case and seen the video of the brutal beating that took place in Los Angeles on the night of March 2, 1991. The video shown to the public contained officers appearing to beat Mr. King while he is on the ground while

"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?

There is no question that police brutality, when it occurs, is one of the most egregious violations of public trust that a public servant can commit. Police officers, those individuals taxed with protecting the public from danger, should never be in a situation where they pose a threat to the public. Furthermore, there is no question that police brutality occurs. Moreover, generally when there are allegations of police brutality, there has been some type of underlying violent incident. In addition, while issues of brutality may seem clear-cut to a disinterested observer, it is critical to keep in mind that law enforcement officers are not presented with textbook examples of the appropriate or inappropriate use of force, but real-life scenarios involving quick decisions. There are many arrest and non-arrest scenarios where officers need to use force to protect self or others; and the degree of force required may be greater than what a disinterested observer would assume. Another recurrent issue in debates about police brutality is that racial bias appears to be a motive behind police brutality. When one considers that minorities are disproportionately likely to be arrested and convicted of crimes, one would expect to find a disproportionate number of minorities among those alleging police brutality. Therefore, while acknowledging that police brutality, when it occurs, is a serious problem, the reality is that most

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.

In recent years and in light of recent tragedies, police actions, specifically police brutality, has come into view of a large, public and rather critical eye. The power to take life rests in the final stage of the criminal justice system. However, the controversy lies where due process does not. While the use of deadly force is defined and limited by departmental policies, it remains an act guided chiefly by the judgment of individual officers in pressure situations. (Goldkamp 1976, 169). Many current studies have emphasized the racial disparities in minority deaths, primarily black Americans, killed by police through means of deadly force. The history of occurrences reveals the forlorn truth that police reforms only receive attention in wake of highly publicized episodes of police misconduct. The notorious 1992 Los Angeles riots brought the matter to mass public attention and prompted improved law enforcement policy. Significant local reforms resulted, for instance, ending the policy of lifetime terms for police chiefs. Additionally, on a broader platform, in 1994, Congress approved provisions to the Crime Control Act in effort to tackle police abuse in a more structured way.

“When you have police officers who abuse citizens, you erode public confidence in law enforcement. That makes the job of good police officers unsafe.” (Berry) Recently police brutality has become an alarming issue in society. At the end of 2015, thousands of deaths resulted in accusing victims dying in police custody. Individuals in communities across the state are beginning to lose faith in law enforcement in their ability to properly do their jobs. Providing police officers with extensive and innovative training to give them the adequate length of experience and training will decrease police brutality.

From the disturbing beating of Rodney King to the horrific death of Malice Green to the shooting of Michael Brown shows there is a consistent problem with police brutality and the exertion of force used. Police brutality seems to be a rising issue again with the occurrence of the Michael Brown shooting and the ‘Black Lives Matter’ movement making sure that any form of police brutality should not be swept under the rug. Action has been taken in some cities around the country for dealing with police brutality, such as police reform, which requires the retraining of hundreds of officers. There has also been talk and use of police body cameras that would record interactions between officers and the public to clear up any discrepancies in police/witness reports. To look at the effects and causation of police brutality we will be analyzing the media’s role, the sociological and psychological aspects of officers who administer the beating, and the timing of when these beatings/killings occurred.

It’s crucial that police officers gather all the facts before making any rash decisions. Whether it’s a routine traffic stop or a full blow investigation the facts is what should determine the decision an officer makes. Often times implicit biases or stereotypes influence judgments through processes of misattribution and disambiguation. This can cause their decisions to lean more toward believing one side over another.

“Officer Jeronimo Yanez, charged with second-degree manslaughter in the shooting death of Philando Castile, a 32-year-old black Minneapolis man” (Capecchi). “Brian Encinia, former Texas trooper charged with misdemeanor perjury stemming from his arrest of Sandra Bland, a black woman who was later found dead in a county jail” (Almasy). “Sgt. Kizzy Adonis, charged with failure to supervise in connection with the 2014 death of Eric Garner, a 43-year-old black Staten Island man who died after police to administered a controversial choke hold” (Eversley). These are a few examples of the mistreatment suffered by young black citizens at the hands of police officers that resulted in the death of a suspect. Throughout the nation, the mishandling of the authority given to police officers has increased and is not merely coincidentally occurring.

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

The most famous case of police brutality occurred on the night of March 3rd, 1991, when Rodney King was pulled over by LAPD officers. A video taken of the encounter shows King being savagely beaten by metal batons long after being subdued. The LAPD responded, saying the department had “inadequate supervisory and management attention”, noting that “of approximately 1,800 officers against whom an allegation of excessive force or improper tactics was made from 1986 to 1990, more than 1,400 had only one or two allegations. But 183 officers had four or more allegations. Forty-four had six or more, 16 had eight or more, and one had 16 such allegations” (West Valley College). Clearly, a vast majority of police officers abuse their power. But clearly this is not on an individual level;