Police Discretion And Dilemmas: Case Study

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.

In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently

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 Brutality: Pervasive Problem or Rare Anomaly? 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

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.

A study conducted by The Police Foundation surveyed 80 police officers regarding their power of authority. The survey revealed that the majority of police officers disapprove the use of excessive force. However, when situations escalate to a certain point that requires excessive force, police were asked a series of questions. They were asked questions about their attitudes regarding excessive force and their perceptions of behavior with their fellow officers. The results showed that, “Almost 25 percent felt that it is sometimes acceptable to use more force than legally allowable to control a person who physically assaults an officer (Weisburd, 24).” The survey asked police officers a question that dealt with The Code of Silence, when a police officer sees misconduct from another officer and does not report it. The response of the survery revealed that “80 percent of American police do not accept that the code of silence is an essential part of the mutual trust necessary to achieve good policing (Weisburd, 26).” When asked about the attidues of civilians of a different race, the survey results came back as, “Almost 2 in 10 police officers in the U.S. believe that whites are treated better than African Americans and other minorities (Weisburd, 30).” Is there an issue of racism or targeting certain races when it comes to police and their authortity?

A number of problems arise from race and ethnicity issues in policing practices. From the department’s perspective, issues with race and ethnicity, create negative consequences. For example, if a police department fails properly to resolve situational conflicts, this can cause loss of productivity, tension among officers of different race and backgrounds, enhanced suspicion of other officers, and increased isolation of staff member. The department will suffer tremendously if it fails

Discretion is defined as “ power of free decision or latitude of choice within certain legal bounds” ( merriam-webster dictionary ).Police have discretion in most jobs they take on while out in the field. This could range from a wide variety of choices from

Law enforcement officers may also feel as if they are above the law, allowing personal bias and prejudices to guide their actions and who their actions target. Though the law does not facilitate around racial bias, “those enforcing the law are abusing their discretion by discriminating against individuals based on racial profiling” (Neubauer & Fradella, 2017). Racial profiling can be a result of formal, institutionalized rules within law enforcement agencies that may encourage racial profiling, whether they are aware of their actions or not. It is difficult to change such an action when it occurs worldwide, and most of the time it goes unnoticed or unreported. The criminal justice field needs to act against the practice of racial profiling and discrimination that occurs between law enforcement personnel and members of the community; a community that includes individuals who rely on the criminal justice field to serve and protect

1. Introduction 1.1 Background One of the most polarizing policy issues in the United States is the process of using race, ethnicity, and/or national origin by law enforcement as a chief predictor of criminal behavior. In the presence of social media and modern technological innovation, there has been increased documentation on the very problematic ways in which police officers use their position of authority against minorities. The countless cases of murder and police brutality have prompted national dialogue regarding to what extent race should be used in methods of policing. Against a troubled backdrop of incessant clashes with minorities and law enforcement, navigating the situation requires a degree of care that does not diminish the

Putting an End to Mass Criminalization A police officer is a law enforcement official whose job is to protect and serve the people, not to abuse their power. Due to the fact that the U.S is consisted of many different races and ethnic groups, the ongoing conflict between police officers and citizens of color is at a constant rise. Although policies today no longer directly target those of colors, the policies applied by law enforcements in African-Americans communities are discriminating. Officers sometimes abuse the policies resulting in citizens viewing it as discrimination. By changing the way laws and regulations that unfairly impact Black and Brown communities can improve the justice system (Policy 5).Racial impact has changed the view of the government resulting in more inclusion of people of color in the system. Policies that are not racially excluding anyone of color should be used within police departments to evaluate the impact of different policing.

In the year 2018, there are still numerous signs of racial bias that’s evident throughout the criminal justice system. The way in which policing tries to serve and protect the major population is sometimes seen being done in discriminating ways. Racial profiling is another key contributor to racial bias throughout America especially towards African Americans. African Americans are noticeably given harsher sentences than whites in situations where the offense was the same for both. There are deviant and corrupt agents throughout much of the criminal justice system and it still hasn’t been addressed properly in a way that everyone starts to understand the negative impacts that are being done together. Some police officers may feel the need to

One important work which highlighted some of the shortcomings of officer discretion was a survey sponsored by the American Bar Foundation. Among other things that survey noted in the 1960’s a national crisis arose with certain problems relating to law enforcement. The survey noted that the possibility existed that discretionary decision making could represent a pattern of discrimination, it did say, on the other hand, the survey was unable to say definitively rather discrimination existed in

Enforcement personnel should use the deadly force stage only when an officer’s life or another person’s life is in danger. They are supposed to be the ones where people go for help not the one people run from. By having the deadly force stage, the law allows someone to commit a murder, and justifies its use. According to king Shaun “the problem with racial profiling against minorities is that it makes a suspicion between racial minority communities and the police.” Many law enforcement officials appear to have a tough exterior towards crime but are very sensitive to crime on the inside. The strength and frequency of these complaints reveal a serious problem. Police officers build up negative feelings towards certain races, sexes, or religions. The police being unfair with how they treat a certain race and how they treat the other is the total opposed the other. Officers tend to think that if one or a few people treat them with disrespect, then other people of that same sex, race, or religion will treat the officer in the same way. The police departments must revise and reevaluate its training exercises to provide a resolution to extreme force. Another cause of police brutality and misconduct is the amount of stress that is put upon the law enforcement official. New training methods must be provided on circumstances that usually lead to brutality. Those of the minority

Police officers are given a lot of discretionary power that they would use to enforce the laws as they are implied or use their discretion to not enforce the law, but give a warning when necessary. This discretion has called into question their use of force. The media has displayed officers involved in use of force situation that seems unprovoked and again people of African American decent. For instance on September 4, 2014 a South Carolina Highway Patrol trooper stopped a vehicle for allegedly not having on a seatbelt. The individual was stop in a gas station and step outside his vehicle, then officer Sean Groubert asked for his license, the individual turned quickly into his vehicle to retrieve his license, officer Groubert yelled "Get