Police Relations In Kenya

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.

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?

In the United States, there are city, county, state, and national police forces. They have very difficult and dangerous responsibilities. These public servants are required to perform many different jobs. They enforce laws and maintain order. They teach people how to help prevent crime and to protect themselves ( Mittleman, 2000). They offer assistance and take charge of many different situations such as car accidents, flooding, and hurricanes. Police

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?

Police brutality is one of the most serious and divisive human rights violations in the United States and it occurs in every community. The job of a police officer is to maintain public order, prevent, and detect crime. They are engaged in a dangerous and stressful occupation that can involve violent situations that must be controlled. In many of these confrontations with the public it may become necessary for the police to administer force to take control of a situation. Sometimes this force takes the form of hand to hand combat with a suspect who resists being arrested. Not all police officers in communities are good cops. At least once a year the news is covering a story about a person

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).

Over the years, the nature of policing has changed and developed drastically. Their role not only entails crime fighting and emergency response, but also social enforcement and social peacekeeping. Bound by a code of ethics, this highly demanding role asks police to remain professional in their dealings with society, and ensure they uphold the law impartially and fairly. When it comes to enforcing the law, it is important to look at the methods and approaches taken by police in order to combat crime, and whether or not they meet current ethical standards. Although this may be the case, it is also important to acknowledge that aspects of police culture such as loyalty, deception and protection of colleagues will ultimately shape the nature of approach to resolving crime, gaining helpful information and protecting fellow officers. Police officers are granted large amounts of discretion within their roles, however, when officers deliberately abuse this amount of discretion and become display misconduct, it becomes challenging to limit discretionary authority of police officers because of the frequent circumstances they encounter where deception may provide highly constructive outcomes. Throughout this essay, methods used by police officers including entrapment, wiretapping and planting of evidence will be assessed for their strengths and weaknesses. Furthermore, the ethical standards of these methods and approaches will be assessed as to whether or not they prove as ethically

Discretion is not doing as you please. Discretion is bounded by norms. The future of policing as a profession depends upon whether discretion can be put to good use. Two problems impending police professionalization, however, in that there are few uncontroversial areas in police work, than in other professions. Sometimes the public wants no enforcement, and other times they want strict enforcement. Citizens will scream false arrest in the first case, and some groups may file a write of mandamus in the second case.

The use of force is without a doubt an important aspect in policing. The decision to utilize any type of force comes from a multitude of recourses; department policies, training, situational variables and ethical systems. There are three major categories in which an officers use of force is categorized under; justifiable, excessive and deadly; with a thin line between justifiable and excessive. Cases where excessive force has been used, has lead to injuries, deaths, civil damages, officers convicted and sentenced to jail and police chiefs and elected officials being removed from office (Fyfe, 1988). It is an officer`s discretion in determining when the use of force is justifiable.

The Oath of Office is a legally binding vow or affirmation that enables Original Authority & discretion. It Provides guidance on what to do & how to do it, at a high level. It requires you to keep the peace, impartially to the best of your ability, and faithfully according to law (ADPP, Lesson 1.3, slide6). Original Authority as stated in the Oath of Office, came from common law giving police the right to make a decision on rationality rather than command or authority. Police discretion can be defined as to act according to your own judgement where ever your authority leaves you free to do so, and at the same time being responsible for your own actions (ADPP, Lesson 1.3, slide6). The responsible use of power through discretion can also be displayed by liaising with the community on matters that are important to them. Birch (2011) and article 19 from The Universal Declaration of Human Rights 1948, both recognise that to maintain peace, the members of the community need to be given their right to express their opinions and ideas on how society and the police enforce and uphold the standards upon one another. Therefore signifying the Rule of Law. By knowing what the community expectations are, the governing party is able to develop and introduce Act’s to meet the societies expectations. This is seen in the Mission and

First, I will define Police Discretion. Police discretion is the power or authority that is given to a police officer to act officially in a manner that appears to be just and proper under the presented

Professions are guided by codes of ethics to aid them in performance of their duties and to ensure maintenance of high standards of conduct. Police officers are faced with a maze of obligations in the performance of their official duties. The “Law Enforcement Code of Ethics” and “Canons of Police Ethics” were created to make explicit the conduct considered appropriate for police officers and to guide them in the performance of their duties. Although police have these guides, many are faced with ethical dilemmas, also known as a moral dilemmas. This mean the officer is challenged to make a decision which sometimes conflicts with societal and personal ethical morals and values and provide no

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.

When debating the issue of police use of force, the issue of what actions constitute too much force must also be addressed. Another concern is the possibility of corruption amount officers. When given such great power, the probability of corruption is high. Officers generally do not start out as corrupt, but years of work on the force can create animosity between officers and suspects and lead them to decide to use force more quickly (McEwen, 1996). Many times, officers patrol the streets alone which creates the opportunity for potential abuse of power (McEwen, 1996). Although police officers need to be permitted to exercise some discretion, they also need limits and guidelines to follow when using their powers of discretion (Manning, 1997). The decision to use force should not be taken lightly in that citizen’s lives are at stake. Police should be allowed discretion in decisions to use force; however, this discretion should be limited. In several cases in Arizona, officers have used deadly means of force. In all cases, the officers

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.