The Social Construction Of Street Level Bureaucracy

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

In dealing largely with disorderly elements of the society, some people working in law enforcement may gradually develop an attitude or sense of authority over society, particularly under traditional reaction-based policing models; in some cases the police believe that they are above the law. In other cases, police corruption and misconduct may be explained by individuals and individual faults- behavioral, psychological, background factors, and so on.

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

Lack of training and policing standards are closely linked to the myriad problems bedeviling police work, especially in small departments (Brodeur, 2010). All over the country, police departments report cases of officers being caught in uncompromising and unprofessional situations, resulting in disciplinary actions such as redeployment, suspension or sacking. These cases of unprofessionalism have led to questions being asked about policing, occasioned by recurring series of questionable and controversial encounters with police officers (Brodeur, 2010). The consequence of such encounters is increasing public distrust in law enforcement agencies.

This essay discusses the effects of the police organizational culture on a Police officer’s ability to make independent decisions.

In “A Sketch of the Policeman’s Working Personality,” Jerome Skolnick discusses and analyzes how a police officer’s personal outlook is affected by his or her involvement in police work, creating an “us versus them” mind-set, as well as the frequent inability to “turn off” the police mentality outside of a work environment. While he states that a person’s work has an impact on his or her outlook of the world according to a recurring theme in the sociology of occupations, police work has a particularly strong impact on those cognitive lenses (Skolnick, 1966, p. 2). Because of the nature of their job, police have a tendency to look at the world in a way that makes it

As each new member of a police department officially becomes a sworn member, friends, family and other members of the public gather as they speak an oath. The oath these officers take, promises their commitment to ensure the safety of the public they serve. This means more than protecting civilians from individuals who may stray from the law, but to also ensure the protection of basic human rights. Police and other public servants are given a great deal of trust and power, what they do with it is based on the ethics they choose to uphold. In this paper we will look at why it is important for these justice professionals to study ethics.

Skolnick begins by concentrating and analyzing certain elements pertaining to the law enforcement profession. The elements Skolnick identifies are danger, authority, and efficiency in the eyes of the public, which all produces unique cognitive and behavioral responses as officers. To Skolnick this is the working personality aforementioned. Understanding this, Skolnick begins the discussion of how police culture plays into a policeman’s working personality. First it is important to realize that police officers are required to respond to assaults against citizens of the community, as well as the properties and possessions of those people. This has several implications. First, “The policeman, because his work requires him to be occupied continually with potential violence, developed perpetual shorthand’s identify certain kinds of people and symbolic assailants, that is, as persons who use gesture, language, and attire that the policeman has come to recognize as a prelude to violence,” (Skolnick, 143). This concept can be trouble to some, as it seems to have a discriminatory feeling

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.

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.

Police officers in a crime prone region and in areas with extreme rowdy criminal behavior may develop some degree of dislike for the law breakers and their approach to dealing with the criminals may be brutal. In such situations, the police officers enforcing law and order act based on their emotions rather than their professional expectations.

As a police officer, the major objectives are to maintain order, enforce the law, protect one’s property, and to save lives. In addition, police are divided into two roles based on how they perform their duties. The two roles of a police officer are a public servant and a crime fighter. A police officer whose role as a public servant is to serve all types of people, as well as criminals. Public servants regularly provide advice and make judgments as to the degree of risk they should take with the public. Many decisions involving risk are relatively easy to make, but others are complex and significant consequences (Kernaghan and Langford, 2016). These risks may involve using force and the consequences could be media backlash or a potential termination. Public servants abide by the oath and uphold the integrity and honor of the organization as an officer. Also, public servant officers like to play it safe because they like to be known as ordinary citizens who like to go home to their

However, despite Max Weber’s theory that bureaucracies are like iron “iron cages” that are a efficient form of administration. Prior to modern government reform patronage, spoils, and bribery were just part of the political environment for Public Administrators. In today’s, modern government Public Administrators are hired based on the merit and technical qualifications that secure the individual can carry out the duties of the office. However, Public Administrators are forced to work in a hierarchical organization

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