What Is Proper Use Of Police Discretion

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

With such a broad volume of discretion apparently in nearly every aspect of police decision making what strengths does this level of discretion have? Police work and the work environment require the use of discretion. Decisions must be made very quickly, usually without time for input from another source. This is despite the fact that a bureaucratic structure exists for the department as a whole. Moreover, communities cannot agree on what constitutes criminal behavior or the level to which criminal behavior should be sanctioned or ignored. A prime example is that of the skid-rows areas. The approach taken by most police in dealing with the skid-row “problem” or

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

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.

After reading all the material regarding Jeffery Bell, Darryl Forrest and Dustin Sillings all 3 whom were members of the Kansas City Police special unit known as (SCORE) Selective, Crime, Occurrence, Reduction Enforcement unit. I came up with several unethical behaviors throughout the course of the year from January 2010 to January 2011. One, all 3 officers violated the victims constitutional rights. Rights that were taken away were the freedom from unreasonable searches and seizures and not to have their property taken without due process under the law. (The Criminal Indictment: United States of America v. Jeffrey M. Bell, Darryl M. Forrest, and Dustin Sillings) Each officer took it upon themselves to steal various items including money from

not be open and admit that they use police discretion. The reasons why this myth exists is solely because of legal issues involved, the police organizations that might be involved and the image that will be portrayed in regards to authority to the rest of the community.

The amount of force an officer use is influenced by police discretion (Wilson 1968). Discretion is when an individual use their own judgement to decide what the best course of action to take is.

New officers need to know that no profession demands a higher ethical standard than law enforcement. Whether or not there are other careers that require a similar dedication to doing the right thing, it is undeniable that there is a tremendous degree of expectations placed upon police officers. Every officer knows, or at least should know by now, that they live in a fishbowl. Friends, relatives, neighbors and strangers watch every move law enforcement officers make, both on and off duty. The fact is that the public scrutinizes police officers more than most other professions, either because they are cynical or hope to catch them screwing up or because they are hopeful

But police officers are also taught to not use discretion all the time so that society can also learn to follow the law, so discretion cannot always be practiced because then it will give people the idea that they can do whatever they want. According to “Criminology Articles” on police discretion, it talks about there are three categories or variables on how it is used such as, offender’s variable, situation variables, and the system’s variables. Offender variable is when “aspects-are directly linked to the offender including their age, race, economic status, gender, and health among others” (Scott 1). This means when a police officer is using discretion, they are making decisions based on what someone looks like, what their financial background seems like, if they are young or if they are older, and if they are healthy. When it comes to situation variables, this depends on the “seriousness of the crime, the type of property involved in the crime, and who initiated the investigations” ( Scott ). This means depending on what crime was committed police will use discretion to make a decision depending on how serious the crime is and to see if any property damaged is involved. The last

Guidelines need to be set so that officers continue to incorporate and maintain the concept of community policing. Therefore, there must be information available to inform reader that police discretion not only encompasses use of police profiling, responses to domestic violence, or choices in acceptance of gratuities but discretionary decision to use force.

The police will sometimes pity a situation and offer lectures or what a few officers that I rode along with call “free therapy session” to some offenders depending on these factors. The situation factor also play a big part when the police make a decision based on discretion. Some of the factors include how serious the crime is, the type of property that is involved in the crime. The police also become more official in the company of other people like the eye witness, an audience, or reporters and press. Last but not least the systems include factors in the society’s structures that come into play when the police exercise their discretion power.

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