Police Discretion Essay

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

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.

The police are our nation’s most visible law enforcement entity. We see them driving and walking our streets every day. They are responsible for the safety and well-being of the people. In some instances, they have to make life altering decisions in a blink of an eye. Because circumstances are always changing, police officers are given a decision-making power called police discretion. It is up to the officer to use this given power for right or wrong.

"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)

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.

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.

Law enforcement and minorities have long been the focus of the criminal justice injustice within the United States. African Americans, Arab Americans, Asian Americans, Native Americans, Hispanic and Latino Americans are a number of communities in the United States along with Caucasian or non-minorities as a whole, which make up a large portion of the United States. Racial discrimination has been a large factor the criminal justice system has been plagued with for many years. In the book Just Mercy, authored by Bryan Stevenson, Stevenson details his life’s work to help those who were wrongfully convicted and biased towards in sentencing. A big part of the book is related to racial discrimination among officers. Analytically I will be looking at the question of whether the relations between the police and minority and non-minority communities differ. I will look at number of factors related to traffic enforcement practices, use of force and arrest of minorities and non-minorities in determining if there is any differences among police community relations.

What is police misconduct? It can be defined as any action performed by a law enforcement officer that is unethical by established employment guidelines, unconstitutional, or a crime with in itself. When people hear the term “police misconduct” they automatically think of a police officer using unnecessary force against a civilian. While that is a form of police misconduct it is not only form. Throughout this paper I will bring light to the many types of police misconduct that can happen in the law enforcement industry.

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

If the officers were to act in more of a law enforcement capacity, their role would not inspire the same amount of discretion. They would not turn a blind eye and in fact would effect more arrest for crimes committed. In areas such as skid-row types environments, with high crime rates it is more practical to employ discretion and keep the peace then to arrest for every minor violation (Bittner, 1967).

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

You should be able to know from experience and what you have learned so far to make the correct decisions in situations. The fourth form of discretion is discretion as liberty. This states that Discretion is not where the law ends, nor is it the same as intellectually deriving principles from rules. It's about permission to act as a free and equal agent, and using that permission in extending the rights and duties of office (under color of law) toward a vision of liberty, inalienable rights, and the kinds of things that no majority, rule, or principle can ever take away (Kleinig 1996). This form appeals more to the rights of people and to being free. This form is trying to say to make decisions keeping in mind that you are a free person and that you are equal to every other human being. The fifth and final form is discretion as license. This form states that Discretion is the opposite of standard expectations. It's the privilege to go against the rules, disobey your superiors, be less than optimal or perfect all the time, all without degenerating the rules or eroding the trust between you, your superiors, or the public. License (not licentiousness) involves a sense of accountability that does not have to be formally recognized or structural (Kleinig 1996). This form is one that I think is the most confusing for some people but is one that has truth to it. It’s basically stating that police have the privilege to go