Police Discretion Research Paper

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?

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

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?

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.

Abdullah and Wells (2011) describe the public idea of discretion as a very misunderstood aspect of police work, therefore making the public’s opinions of police operations negative in some circumstances. Abdullah and Wells (2011) also highlight Packers crime control model saying that “A crime control model places high value on efficiency in apprehending and punishing offenders” and “to operate efficiently the officers must act quickly”. A more concise definition of police discretion is viewed by many law enforcement professionals as an officer’s best judgment in determining whether or not action should be taken in the situation that is presented at that point in time. The best example of this is simply deciding which individuals to stop and what action should be taken against them, if any (Sekhon, 2011). While using discretion is one of the most important tools a police officer has in their line of work, it has not always been concisely known of or defined within the criminal justice system.

By accepting the role as a police official, you have to use discretion. Discretion is defined as the availability of a choice of options or actions one can take in a situation. Discretion involves making a judgement and a decision to your best ability. Police discretion is exercised by performing the following actions: arresting; stop, question, or frisk; the use of physical and or deadly force; the documentation of traffic summons; investigating a crime; reporting a crime; and using certain enforcement tactics such as moving loiterers, warning, and etc. Discretion is exercised to enforce laws and maintain order and protect life and property.

Unfortunately, not all police officers or citizens commit ethical or wise actions. Because of this fact, there countless problems between police and the public. An example could be issue with failing to protect human life, such as corrupt shootings or suicide. By understanding the issues and controversies that surround the public and police officers, difficulties on both sides can be recognized an a possible solution can be brought up. The policy’s ability to use discretion, should be limited so that it lessens the chance of corrupt misuse.

Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line

First one must know what police discretion is, discretion is the freedom to decide what or how something done in a particular situation. So police discretion is when the Cop decides what to do in a dangerous or non-dangerous situation. There are a number of factors that influence this discretion the first being characteristic of the crime, meaning the cop is going to act differently when called to a more violent crime like a bank robbery were the offenders may be armed, than being called to the mall for a shop lifter. Another factor includes how the offender acts meaning body language, are they more nervous/acting weird meaning that he/she could possible do something or are they claim/normal. This could mean differences in police action

Discretion can be defined as the availability of choice of options or actions. We all use discretion each and every day with all the decisions we make in our day to day lives. With that being said police also use discretion but theirs have the ability to change people’s lives on the daily basis. They have to make those decisions each and every day not knowing how it will affect the person’s life. Discretion is something that is a very necessary part of police work. One of the reason it is mainly exercised is because of all the vague and ill- defined laws that we have in our country. Although most instances when police discretion is being used the violations are minor. Another why police discretion is much needed is because if

“But they didn't have to beat me this bad. I don't know what I did to be beat up." Rodney King, March 3, 1991. Police Brutality has been a long lasting problem in the United States since at least 1903 when police Captain Williams of the New York Police Department said the phrase, "There is more law at the end of a policeman's nightstick than in a decision of the Supreme Court." In the 1920's the Wichersham Commission had a number of instances of police brutality. Many of these included the use of the "third degree" (beating to obtain a confession). This is a very effective way to get a confession out of somebody. However, beating the accused could easily elicit a confession from a scared and innocent person. Also, this puts the

Law enforcement is filled with decision making. Law enforcement leaders make critical operational decisions everyday. Decisions are made at the discretion of officers and no matter what the decision is, officers are questioned if it was the right one. Whether to intervene, and if the decision to intervene is made, and how best to intervene are parts of decision making made by a police officer. Deciding whether and how to intervene can take an officer in many different directions, and he or she must be prepared for and trained to handle each one effectively. Officers conceive discretion either in the letter of the law which they issue citations for every infraction or the spirit of the law and looks at what the law intends and realizes that from time to time arrests and citations may not meet with the law’s intent. The reality of policing is that officers frequently must make decisions and often the law and an officer’s decision correspond, but not always. The law and the officer’s decision can at times be at odds with one another.

This research paper is based on reviewing the actual and changes in police policies throughout the USA. In the United States, law enforcement system is considered as the most critical component of criminal justice system that includes corrections and courts. It mainly operates through governmental police agencies to investigate the suspect. In the fourth amendment, it is listed that law enforcement officers can arrest any person based on suspicion of having a criminal activity or have to commit a crime (Tyler, Fagan & Geller, 2014).

The quality of decision making decides the quality of policing . Many cognitive factors are involved in making decisions. Police officers have the authority to use force to ensure that laws are upheld and public safety and security maintained. But in recent years, a number of community groups have mounted public campaigns for civilian oversight of police complaint processes, as the