This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. In a case of assault betwixt two teenage boys, if one beats the other in self-defense, he can avoid punishment if no weapons were used on his part.
All police officerâs use discretion in every situation they encounter. Why Police discretion is Necessary Introduction The issue of police discretion continues to draw interest in the justice system. Police discretion is the freedom given to police officers to decide or make decisions related to the performance of their duties. Many other variables affect the rate of crime in areas differ regarding police discretion. Some of the police strategies need to be evaluated, and some include preventive patrol, emergency response, crime investigation, problem-solving and routine incident responses. Show More. Golphin 2
We can custom edit this essay into an original, 100% plagiarism free essay. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. Police Discretion Essay. First, I will define Police Discretion. Interestingly, according to Kleinig (1996), we knew almost nothing about police discretion before the 1950s. Discretion, uncertainty, and inefficiency are rampant and essential in criminal justice. Police discretion can sometimes cause law enforcement officers and the general public to believe that unlimited authority exists in the application of statutory or common law. One of the main concerns with using discretion is the possibility of it leading to a violation of due process by racial profiling. Therefore, when a police officer has the suspicion of a traffic violation about to occur, he can choose to stop the motorist, issue a warrant of arrest to the offender, offer a ticket or take the offender to appear in a court session. Discretion plays a vital role in a police officerâs ability to do his or her job, because there is not always a law for all situations that one may come across. Their powers include the most prolific counterfeiter in oct 18, 1979, eula love. 8 August 2016. Police Discretion. Situations in which police officers are allowed to not enforce the law are traffic violations, comparatively driving one mile over or under the speed limit or running a stop sign, disorderly conduct being loitering in... ...Police discretion
All police officer’s use discretion in every situation they encounter. Discretion is often one of the most critical aspects of a police officerâs daily duties. And finally, I will end this paper with my personal opinion as well as a brief conclusion. Any final comments on the police use of discretion (concluding comments on the practice). Having trouble finding the perfect essay? There has been a consistent problem between enforcing the law and the spirit of the law. Students who find writing to be a difficult task.
Citizens complain about how officers harass them at times for petty offenses simply because one is of a particular race, gender or even age.
1425 Words6 Pages. These situations have been compacted into three major groups which are the offender, systematic and situational. Nobody (except mechanical jurisprudence theorists) wants a ministerial agency of justice, one that would ritually and religiously follow every rule and regulation down to the letter in a mechanistic, repetitive, assembly-line manner. With many aspects of policing, and a variety of calls they receive, officers must use discretion in all, if not almost â¦ It is not compulsory that police officers enforce the law equally in every situation. Police discretion is a constant consideration within Police services.
A police officerâs belief system consists of his or her beliefs, attitudes, values, and other subjective outlooks. Officers realize they are constantly in the public eye and every move they make is watched by someone. Situational variables, on the other hand, dictate the magnitude of the offense committed, the area around which the offense has been committed and so on. Discretion can be looked at different perspectives such as discretion-as-judgment, discretion-as-choice, discretion-as-discernment, discretion-as-liberty and discretion-as-license. This has brought about the discussion of improving police effectiveness by introducing innovations that may assist the police in carrying out their work. Nobody expects perfection. A city, for example, may want to increase revenue through focusing on one traffic crime this acts as a win-win situation since the police bring in money for the city while also punishing the traffic offenders for the committed offense. Police discretion essays >>> click to continue Developmental biology thesis My favourite writer essay in hindi forward to course in autobiography quoting from essay doesnt because her own favourite animal the essays according to read webdunia hindi language, college application essay classifieds to partners. When policemen suspected that someone committed a crime, they simply wrote a citation or made an arrest.
To export a reference to this article please select a referencing style below: Sorry, copying is not allowed on our website. Other officers also opt to provide their services to top government officials rather than serve the public simply because they can pay a hefty fee to afford their services rather than assist the normal civilian who cannot afford to cater for himself. Police discretion can be defined as can be examined in many ways. Our roads are our means to our day to day lives, and the state offers civil servants who are the traffic police to keep a helpful eye on them and ensure motorists are abiding by the laws of traffic so that chaos may not erupt within the roads. The following scenarios can be taken into consideration. Police discretion is a very important approach in matters concerning criminal justice. A police officer’s belief system consists of his or her beliefs, attitudes, values, and other subjective outlooks. In other words, criminal justice officials cannot freely decide on any action without facing consequences because they have to comply with laws when exercising discretion. However, if the people of the community do not agree with how the officers are carrying out their work, they will not see the need to follow the law as it is a two-way transaction of respect between them and the officers. Attention! The law simply does NOT cover every situation that a police officer encounters in the field. In this way allows the active person environment psychology: Models and methods p. New york: Basic books. apply for the necessary assistance on the website Learn everything you need to know about custom writing Use this platform to order your valid review handled on time 2020 Â© gradesfixer.com. It has effectiveness to it as well that has an impact on the society. There are also situations in which the law is unclear and the police officer will disregard the different interpretations of the law and utilize his or her discretion in arriving at a decision (Rivera, 2006). Police officers encounter many situations in the course of duty that need them to use their judgment. Other instances whereby police discretion can be used are during domestic violence in a home, potential hate crimes committed against people, and crimes involving mentally ill people. This essay will examine police discretion, factors that influence discretion, whether exercising discretion is appropriate, and the concerns that administrators have when it comes to police using discretion in the field. References 1/16/04). Learn More. In a domestic disturbance, the police officer has to use his discretion based upon the situation before him. The officer should not be biased but rather assess the offense and determine whether the matter requires an arrest to be made or let the suspect go. That would neither be good nor fair. As they carry out their discretions towards minor offenses, more and more people are getting convicted and getting jail time. The officer needs to make a decision that will make both parties involved be content with the resolution. For my essay, I will discuss police discretion instances during traffic violation acts. These decisions are concluded through copious reasons such an officer’s experience or through their own individual backgrounds. 301 certified writers online. This discretion in traffic can be found within the legislation and involves matters of compliance to the speed limits which in relation to human behaviors makes this very difficult for drivers to adhere to. This has led to a debate about whether the police should be given discretion to a particular level as it has led to abuse in some cases especially corrupt officials. However, most discretions can be dictated by the judiciary systems and expectations by the community. All rights reserved Gradesfixer â¢, The Police Discretion [Internet]. This can lead to obstruction of justice and result in a guilty suspect going scot-free in the event of favors conducted by the officer. Discretion is seen as the most essential element of policing, yet discretion is also the source of many problems. "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).
It is up to the police officer to use their training, experience and judgment on how to enforce the law. Home â Essay Samples â Government â Police â The Police Discretion.
Police should be allowed to exercise discretionary powers in minor cases where the offenses are not serious. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. That choice is extended by the law and it is to be exercised on oneâs own discretion. Critique of Police Presentational Strategies on Twitter in Canada Essay, Police Briefing on Appropriate Demonstration Control Essay, Challenges of Security Sector Reform in Police Organization in Malawi Essay, Discussion on Whether Police Should Wear Body Cameras Essay, America's Police Officers Changing Roles Essay, Undercover And Entrapment Work In Criminal Investigation Essay. Systematic offences on the other hand are controlled by various factors such as public image to the community, generation of revenue by the state and also productivity by the state. Police Discretion (Essay Sample) Instructions: discuss/debate police discretion, and some of the specific control mechanisms available to include i.e., internal control mechanisms, external control mechanisms, control by the citizens, legislative control, and control by the courts. Policing is the most visible part of this; employees on the bottom have more discretion than employees on the top; it's a symbolic bureaucracy (Manning 1977). Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. Discretion in the broader sense can be defined as the individualâs ability to make a decision basing on the principle of courses of the action. Instead, we need responsible administers -- officials who show "good judgment" and exercise discretion by assessing the context of each and every situation. IV. There has been a consistent problem between enforcing the law and the spirit of the law. Most police officer discretion is exercised in situational situations with individuals (Sherman, 1984). Discretion... ...Police discretion by definition is the power to make decisions of policy and practice. Regardless of any factors, there is always room for improvement and police officerâs discretion should be enhanced. Discretion has been around for many years and though it has downsides to it has proven to be necessary for managing situations with people. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. University of the District of Columbia
This discretion, however, is different among police officers and some may not take the offense so lightly. If discretion implies a lack of control that is, the freedom to choose from among available alternatives completely... ...Police Discretion Should Be Enhanced
You can order professional work according to specific instructions and 100% plagiarism free. Discretion was defined to be the selection among possible path of actions. Our roads are our means to our day to day lives, and the state offers civil servants who are the traffic police to keep a helpful eye on them and ensure motorists are abiding by the laws of traffic so that chaos may not erupt within the roads. The use of discretion in law enforcement is when the officer is given the latitude or freedom to decide what direction they chose to take when interacting with the public, they choose if a traffic stop will take place or if a person should be Police discretion can be defined as actions undertaken by law enforcers in which they exercise their individual judgment in order to determine the best course of action (Gaines & Kappeler, 2003). Define discretion: the communities they serve as the right to schools. This is not an example of the work written by professional essay writers. A belief in the officers that the law can take action whenever crimes occur has also grown within the community since they can rely on officers for assistance through the police as well have a large workload since they have to clean up on the social issues and crimes that occur. It has brought about a reduction in crime levels within major cities and vices such as prostitution, extortion, and decline in the drug trade to some point. At different perspectives such as discretion-as-judgment, discretion-as-choice, discretion-as-discernment, discretion-as-liberty and discretion-as-license negative effects the... Experience or through their own judgment make both parties involved be content with the law getting jail.... Some misuse their given state power with the law and the spirit of the country with law! 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