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?
Throughout history, there has been very few careers that require such a high degree of an ethical standard such as the one required for law enforcement. There is, however, a multitude of careers that require the dedication and heart such as required for a police member. Where this dedication and heart differs relies solely on the difference in the job. Officers are required to be aware of their surroundings nearly all the time as if something were to happen they would be required to navigate through the situation successfully. Somebody such as a CEO for a multimillion dollar company would not require this same quality due to the fact it is not part of their job description and the only individual that he/she needs to be worried about is themselves. However, in today’s society, and with media being an ever growing aspect, some police officers have decided on their own personal way to handle justice. So unfortunately, this small percentage of police contract a huge amount of negative eyes to the profession. This small number of individuals bring a negative view to the police department as a whole and for this cause an issue in the public’s eye. Regardless of what many individuals believe, many of the police officers decide on the ethical side of the job and are hardworking professionals who seek out to just serve the public. However, being an African American male myself the main issue I have and want to combat is the punishment officers should face if
Police officers are individuals who enforce the law upon their community to ensure that their citizens remain safe. In the past couple of years, officers of the law have been involved in acts of brutality that seem to go beyond the proper measurements of protection for their citizens. Policemen are supposed to protect their citizens from danger and from harm, not impose a threat on them. The fact that officers have a history of abusing their power indicates that their trust amongst the community has been corrupted. Those who have been affected of police brutality feel as though they have been deceived. They no longer feel that police officers will protect them, but rather abuse them, and that is a problem. We have began to live in a community in which an individual feels frightened when seeing a cop, rather than feeling protected. Some individuals may argue that police brutality is not a problem due to the fact that it is not consistent enough to catch the attention of needing a solution. However, that idea means little when the level of brutality has led to the death of several innocent victims in some cases. We must not wait for there to be a pattern of death at the hands of police officials to consider this a problem. One death indicates that preventive measures must be taken to ensure that these officers are no longer put in the position to abuse their power to begin with.
Police corruption and misconduct come apparent in many different forms. A basic definition for police corruption is, when an officer gets involved in offenses where the officer uses his or her position, by act or omission, to obtain improper financial benefit. The main reason for such corruption is typically for personal gain, such as bribery. Police abuse of authority occurs in three different general areas such as physical abuse, psychological abuse, and legal abuse. Physical abuse is such abuse where one uses excessive force or physical harassment. The psychological abuse occurs through disrespect, harassment, ridicule, excessive stops, or intimidation. Finally, legal abuse is abuse that occurs during unlawful search and seizure
Another factor in conflicts with this nation’s police force is the differences in races between American neighborhoods and their police force. In order to reduce the presence of racism in law enforcement, the race and ethnicities of the police force must be representative of the population they are responsible
Ethical studies in criminal justice is important because it provides the professionals with a platform for making noble choices when faced with unsure situations of moral concern. In this case, they require a system of rules as a guide in making complex moral decisions. Consequently, criminal justice professionals will develop analytical skills and reasoning potential in discerning the practical and theoretical aspects of their profession’s system. Additionally, an ethical insight eliminates inexperience in moral issues, hence enabling them to easily identify ethical consequences and moral code of conduct. Therefore, the awareness of criminal justice professionals on matters pertaining to
"Relations between the police and minority groups are a continuing problem in many multiracial societies. Surveys consistently document racial differences in perceptions of the police, with minorities more likely than whites to harbor negative views." (Weitzer and Tuch, Race and Perceptions of Police Misconduct, 2004)
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.
Police officers take an oath to protect and serve the community. The community looks to police as a leader. I believe leaders set the standards, so police officers should be held to higher standards than the general public. Police officers are considered to be at the top of the organization chart. A wise saying states, “If the head (brain) is not working correctly the other parts of the body is lost.” The police are considered to be the head and the community is the other part. How could they enforce the laws that have been set by the government if they had no ethics and morals? There would be complete turmoil through the country.
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
Since a very young age we have been taught to put our trust into police officers. If we are in distress, they are always there to help since it is their job to protect and serve the common citizen. So what happens when the individuals we are supposed to trust to bring justice are the ones causing the injustice we see in the news? Recently, several police officers have been under fire for their excessive use of force. The number of casualties caused by police officers in the recent years have citizens demanding a reform in the system that officers work under.
At this day in age news is all about the competition. It is a crazy game to see who can care the least. News sites will step on anyone’s toes in order to push and shove their way to the top. Any news site seems to be more than willing to ruin someone’s entire reputation just to get a good story. When was the last time a positive story about someone was “breaking news?” It’s honestly a struggle to think of one time that has been the case in the past year.
When people think of police misconduct, they immediately think of police brutality. While police brutality is a form of police misconduct, the term is much broader. Police misconduct is any conduct that is outside the ethical code that officers are sworn to follow.
"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)