Police Discretion Essay

As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Police officers should be allowed to use their own discretion in petty circumstances such as children writing on walls. Police use their discretion all the time to prioritize and to be efficient. If a cop pulled over every single person who had a headlight out or gave a ticket to every jaywalker, they wouldn't have time to catch real criminals. Police officers are always allowed to enforce the law when they are in their own jurisdiction. They can decide not to enforce certain minor crimes and misdemeanors but they have to enforce felonies. The use of discretion is real just.

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?

Sometimes, it really depends on the officer’s mood and mentality toward his or her job. Some officers may never have to use deadly force, while others use it daily.

Police brutality is seen as a real problem in America today. What people do not seem to realize is that the police carry a massive burden each day. The work that officers do has the potential to be very demanding and sometimes involves dangerous situations. In these situations the officers are in the position where they may be required to use force to gain control. The continuum of force dictates the level that is most appropriate for the situation. Most people do not realize that is not the officers job the meet the force. However, it is their job to overcome the force. Police departments have very strict standard operating procedures about officer use force and how force is applied. With this paper, I will attempt to explain the continuum of force, police discretion, and why the police can do some of the things they do.

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.

Law enforcement officers are given much power and authority over one’s civil liberties. Not only do they have a duty but also a responsibility to enforce laws and ordinances in their jurisdiction, maintain order and protect its people. In some cases, the only way to accomplish this is through legitimized use of force. Use of force can best be described as "the amount of effort required by a law enforcement officer to induce compliance of an unwilling subject" (nij.gov, 2012). With that said, law enforcement officers have been given the right to apply only enough force necessary to control a situation, while defending others, preventing escape, during self-defense and while a subject is resisting arrest (Pollock, pp. 234). It is not until that force becomes excessive that it becomes say an issue.

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 practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion.

The use of deadly force in extreme situations goes back several hundred years when it was first admitted as a right during the early nineteenth century as sheriffs realized that they needed to kill certain threatening individuals in order to protect others. Thousands of police officers were killed during the recent decades and this raises an alarm regarding the authority to use deadly force. Individuals criticizing this right have to acknowledge that police officers fight with the purpose of preserving a peaceful world and are constantly exposed to criminals who are unhesitant about

With the right to use force, other characteristics police officers have is the amount of discretion given to them. There's different discretion by different officers. Common discretion is the power of a high-ranking police officer to make decisions about the organization, while individual discretion is the personal decision-making power of any criminal justice official. While there were many attempts to defined police discretion, there's one widely accepted definition that was written by Kenneth Clup Davis: "A police officer or police agency may be said to exercise discretion whenever effective limits on his, or her, or its power leave the officer or agency free to make choices among possible courses of action or inaction. " Discretion is an

Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line

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

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