Police Discretion Is An Issue For American Policing

First, there are several positive aspects of police discretion. One, “that it allows the officer to treat different situations in accordance with humanitarian and practical goals” (82). Meaning that in certain situation where a citizen is breaking the law the officer will have compassion and not enforce the law. For instance, a husband speeding trying to rush to the hospital because his wife is in labor. Even though he’s speeding above the speeding limit, when

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?

To illustrate this imagine that two men get into a fight in Times Square. A nearby police officer notices the disturbance and attempts to separate the two men instead of arresting them on the spot. In this hypothetical situation the police officer needed to use discretion to decide how to best handle the situation. At times however, police discretion causes more problems than it resolves. There have been reports of police being called to a scene were a husband is being extremely aggressive towards his wife. The police feel as the situation that is occurring is not severe, and therefore leave the scene. The next day, the police station receives a call that there was a homicide. As they arrive to the scene, the police realized it was the same couple from day before.” The report details in-depth reviews of 84 cases in which 135 people died, including some instances of homicide-suicide — cases when abusers killed victims as well as themselves. In 48 of those 84 cases, police had previously responded to a domestic-violence call”- (WA Report: Criminal-Justice System Fails Domestic-Violence Victims). At times the unfettered use of discretion can lead to the denial of citizen rights, at times the unfettered use of discretion can lead to the denial of citizen rights, and cause many flaws in the justice system; for example, many communities might have different definitions of what constitutes criminal behavior or what

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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

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 are many factors that contribute to today’s American policing. Once such factor that contribute tremendously to today’s policing came in 1829 when Sir Robert Peel’s concept of policing came into effect. This would change the way policing would be performed in not only England, but the United States (U.S) and around the world. Another huge factor that impacts policing is the relationship the U.S. Government has with policing. These factors affect every policing organization in the U.S.

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 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.

Discretion, undoubtedly plays a massive role and is implemented in various aspects of the system. But what is discretion? Discretion, as defined in Canadian Criminal Justice: A Primer, is merely the freedom to choose among different options when confronted with the need to make a decision. As significant part of the criminal justice system in Canada, being a police officers “involves the use of a significant amount of discretion” (McKillop & Pfeifer, 2004) . Due to the portrayal of the police by the media, the general public believes that there are certain methods and procedures that officers have to follow where it is clearly stated that if this happen you have to arrest them or if that happens you have to detain the person. In reality, police officers have to put forth their own judgment based on all the other surrounding circumstances which include the presence of a weapon or what the aggravating or mitigating factors were. This act of making a decision based off of the surroundings is also known as the totality of the circumstance. For example, if a police officer stops a vehicle that was speeding and finds out there is a toddler on board, the officer now has the decision to either arrest the driver and take custody of the toddler or to just let the driver go home safely with a warning involves their own judgment. Nevertheless, discretion does not mean that the officers can completely depend on their judgment; they still have to follow certain guidelines the Canadian

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.

Unfortunately, not all police officers or citizens commit ethical or wise actions. Because of this fact, there countless problems between police and the public. An example could be issue with failing to protect human life, such as corrupt shootings or suicide. By understanding the issues and controversies that surround the public and police officers, difficulties on both sides can be recognized an a possible solution can be brought up. The policy’s ability to use discretion, should be limited so that it lessens the chance of corrupt misuse.

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 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