Essay on 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

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?

Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can

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

Public administration is a intricate fact of living in the United States. One will always face public administration during their lives. It is waiting at the DMV to get a driver’s license; it is applying for a mail-in ballot; it is receiving Social Security checks or paying taxes to the IRS. Discretion lives in each of these bureaucracies. According to Merriam-Webster, discretion is defined as, “power of free decision or latitude of choice within certain legal bounds”. Many career bureaucrats are given latitudes of discretion. IRS agents have a certain amount of discretion in regards to audits and payment plans. Social Security employees have discretion in how urgently they want to pursue cases and how to decide on grey cases. Prosecutors have multitudes of discretion in regards to how and who they prosecute. Discretion is seen by many to be a work around of democracy; there is no consideration of public good, rather whatever the career bureaucrat sees fit. It has kept people out of jail due to arbitrary qualifications and ensured that minor mistakes do not completely destroy a life.

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).

It’s crucial that police officers gather all the facts before making any rash decisions. Whether it’s a routine traffic stop or a full blow investigation the facts is what should determine the decision an officer makes. Often times implicit biases or stereotypes influence judgments through processes of misattribution and disambiguation. This can cause their decisions to lean more toward believing one side over another.

Police legitimacy is composed of two elements: trust and acceptance of authority. The public needs to know they can trust the police officers. We have to know if they are honest and are really concerned with our well-being, which would lead to respect and accepting their directives knowing it is for our own well-being or the neighborhood’s. I personally experience both sides of this concept, due to my residential situation, as I live both in El Paso and Juarez. In El Paso I truly trust the police officers that I have encountered, but I cannot say the same about the Juarez police officers. In Juarez many police officers are corrupt and do not care about our well-being. I’m not saying that in El Paso they all do, but their authority is more accepted by its community.

Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.

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.

Police discretion is generally defined as the ability and scope of the decision-making authority of police officers. Professionalism in the field and in each department is measured by how officers handle the wide scope of discretion they have in the field. Most of the opportunity to control discretion happens in the hiring and training phase of police employment. Recently, some agencies have used departmental policy to create

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

The use of discretion is part of policing. Meaning, an officer can choose whether or not to charge an individual with a crime (Pollock, 2017). The use of discretion could be categorized in the utilitarianism ethical system. Utilitarianism is the belief an action, whether right or wrong, is right if it benefits most of society (Pollock, 2017). Therefore, the senior and rookie officers’ choice not to act, when witnessing the teenagers smoking marijuana, would be consistent with utilitarianism if they had at least spoken to them about the issue.

Although it may sound simple I was surprised to find that the subject itself is more intricate than what I originally expected it to be. I decided to write my research essay on police discretion and behavior since officers often have to alter their power in order to make decisions. Discretion allows the officer the freedom to respond to a situation given by the law procedure. Thus it is vital that the police officer to know how to deal with certain situation when dealing with criminals since they have a substantial decision-making power. When discretion is implemented as a part of the police-public interaction then it must then it must be followed with clear rules and policies. Thus, police discretion and behavior heavily depends on how the suspects reacts, evidence of the offence and characteristics of the victim.