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First, who would decide which crimes are "must arrest" or … Additionally, there are those who argue that the use of police discretion can potentially result in a violation of one’s Fourth Amendment rights. Hence, for instance, a judge’s choice between imprisonment and probation implies discretion. Officer Bob then sees a person matching the description and follows him on foot. (2020) 'Police' Discretion: Definition, Examples and Rationality'. The characteristics of a crime, or the gravity of the violation, are another impact factor that should be pointed out. Officer Bob receives a dispatch alert that there is a suspect on foot in the area who just held up a bank. It, likewise, reveals the ambiguity of the discretion phenomenon: discretion is essential as it ensures a regular functioning of the justice system; in the meantime, it should be regulated by moral principles and values to imply positive outcomes. Removing officer discretion by creating "must arrest" offenses would result in too many unnecessary arrests, while creating "can't arrest" offenses would result in people ignoring the existing laws. Therefore, it might be concluded that discretion is important as it allows for aligning legislation with its practical enforcement. You can use them for inspiration, an insight into a particular topic, a handy source of reference, or even just as a template of a certain type of paper. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. Thus, Dempsey and Forst (2015) describe this notion as “the availability of a choice of options or actions one can take in a situation” (p. 143). Some of these cases include: domestic violence, public intoxication, trespassing, disorderly conduct, traffic enforcement, hate crimes, mentally ill, use of force, and prostitution. Thus, they refer to the example of Seattle police officers’ applying excessive physical force to impaired people. My general argument is that, while the more extreme examples of proactive policing such as the policy of stopping large groups of the general population for questioning and searches based upon thin or even nonexistent legal pretexts may be in retreat, the more broadly ... POLiCE DISCRETION police. Police' Discretion: Definition, Examples and Rationality. How about order essay here? Consequently, the police officer must decide on his own in the particular moment what to do. We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. Mr. Dr. Kelling takes a special interest in the use of discretion to exercise the core police authority, enforcement of the law. Nevertheless, a large percentage of police officers base their decisions on such factors as race, gender, and manners of violators or victims. Unfortunately, your browser is too old to work on this site. Many times, a police officer is alone when performing his work, so situations arise where discretion must come into play. A ‘thin blue line’ also exists with police discretion. The use of police discretion occurs daily. Another factor that plays an important role in shaping the discretion character is the context of violation. Likewise, the existence of two alternatives, such as reducing or dropping charges, in the prosecutors’ decision-making, is also the illustration of discretion exercising. Police discretion is the power or authority that is given to a police officer to act officially in a manner that appears to be just and proper under the presented circumstances. Imagine that Officer Bob is on patrol when he notices that an automobile is driving in the rain without its lights on, which is against the law in the state. The described examples of evidence that discretion is exercised at all levels of the justice system. Dempsey and Forst (2015) point out corporate policies as one of the key mechanisms targeted to limit discretion. “[N]obody should die because police officers are more interested in absolute dominance than professional, moral and tactical discretion,” Moskos wrote. It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. While administrators are often bound by bureaucratic regulations, law enforcement professionals at lower levels of the organization possess great leeway in the manner in which they perform their jobs. Otherwise stated, discretion allows for distinguishing between minor and major abuses and pointing out the cases that require law enforcement. Because of the power that police have to deprive citizens of their life and liberties, the role of discretion in policing is of great concern to scholars and th… Individual judgment, in this case, becomes the main mechanism of the functioning of the criminal justice system (Dempsey & Forst, 2015). What are the Duties of the Traffic Officer? Create a list of ten actions during which an officer might use discretion and why. The latter believes that unless a police officer relies on the moral will in the decision-making, he or she will always apply discretion to choose the most convenient alternative. According to McGregor (Kleinig,1996), discretion can only be interpreted as those decisions that are made with lawful authority rather than decisions made for illegal reasons. The police see (or learn of) someone doing somet… Upon completion of this lesson, students should be able to: You need a custom essay? In other words, police officers are sure to adjust their actions to the general framework that their chief sets. IvyPanda. The authors make a reservation that the active exercising of discretion within the police environment does not always result in positive outcomes. Police Officers’ Decision Making and Discretion: Forming Suspicion and Making a Stop Abstract Most police activity occurs in private, away from the public=s view. As a result, courts would be overloaded with work. In the policy context, for instance, discretion is essential to preserve the balance between law enforcement and order maintenance. Let’s look at some examples of when a police officer must use his or her discretion. Hence, some of them are passed despite the poorly-defined content. That choice is extended by the law and it is to be exercised on one’s own discretion. The following are the types of decisions that might require a police officer to use his own discretion; this is not an exhaustive list, it is just illustrative to give you a sense of when an officer can use his own discretion. The use of police discretion helps to foster the best use of police resources, permit the police to make quick and appropriate determinations under the circumstances and effectively use law enforcement and judicial resources. Retrieved from https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. You are free to use it for research and reference purposes in order to write your own paper; however, you must. We utilize security vendors that protect and professional specifically for you? Police discretion is a constant consideration within Police services. No matter which way you personally feel about the subject, the police must be sure not to cross the ‘thin blue line’ when it comes to utilizing police discretion. Thus, police officers can manage priorities and identify which violations need to be curtailed most urgently. Imagine that Officer Bob is on patrol when he notices that an automobile is driving in the rain without its lights on, which is against the law in the state. Thanks Whether or not an officer decides to stop someone for a traffic violation or prevent an assault, does not involve the use of discretion but the establishment of priorities. In other words, the statute may indicate that a certain act is illegal; the police officer can then expeditiously make an arrest based upon his interpretation. Determine whether the use in each action is reasonable or an abuse of power. Officer Bob decides to intervene. 2020. This may include the use of reform instruments developed by the government. The officer follows the car and it continues to go 30 miles over the speed limit. Urination in public laws were meant to keep people from pissing on the side of buildings or in public parks etc. Ziman’s vision of the problem seems to be reasoned and rational. IvyPanda, 31 July 2020, ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. Conversely, critics of police discretion argue that such discretion can result in the misinterpretation of statutes and the abuse of the Fourth Amendment right to be free from unreasonable searches. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. This creates a situation that allows police officers discretion in the way they think about what they see and how they handle those with whom they come in contact. The suspect obeys, and Officer Bob makes an arrest. Imagine that Officer Bob is on patrol in an area known for drug trafficking. Dempsey and Forst (2015) suggest considering several factors that are most likely to influence the discretion application. However, the police have to use their discretion when deciding to perform a search. "Police' Discretion: Definition, Examples and Rationality." "Police' Discretion: Definition, Examples and Rationality." For instance, the officer could misinterpret a statute and make an erroneous arrest. Police discretion is usually put to use when the officers are presented with many options to come up with one choice they think are necessary depending on the situation at hand. Furthermore, the individuals within an institution must have lawful authority to make the decisions and must operate under the constraints acceptable to others within the organization or profession. police have asserted authority in many ways, often having nothing to do with arrest. He wants to understand better why officers make arrests in some circumstances and not others, especially when they are dealing with This is IvyPanda's free database of academic paper samples. Under the Fourth Amendment, one has the right to be free from unreasonable searches and seizures. the more personal the relationship, the more variable the use of discretion - family issue may not be as bad as it seems, spouse may not end up pressing charges relationship between police and … If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. The database is updated daily, so anyone can easily find a relevant essay example. Police discretion is a fact of life but let's not confuse discretion with assigning priorties. Learn what constitutes police discretion. IvyPanda. Meanwhile, Dempsey and Forst (2015) assume that discretion is particularly vital in the context of the police officers’ activity. (2020, July 31). [ 2016. He draws his weapon and orders the suspect to freeze. POLICE DISCRETION - EXAMPLES / SCENARIOSMy personal approach in addressing police corruption is to focus on good decision making. Parole boards, in their turn, are enabled to exercise discretion when deciding whether defendants should serve the assigned sentence completely or they be potentially paroled from prison. Discretion definition and examples. IvyPanda. Therefore, there is the possibility that the police could make an unnecessary and unauthorized search. Indeed, providing too much discretion to police officers over their use of body-worn cameras is described by our latest paper as a “slippery slope.” Dempsey, J. S., & Forst, L. S. (2015). Within the highest levels in the chain of command, the police discretion is used for example in deciding to target certain areas of crime with the use of initiatives or policies, possibly through the influence of government and the line department. This definition is useful as it allows discretion to be considered in a legal context rather than only when police officers operate illegal… Environmental Aspects of Metal Extraction. Another controlling method is the implementation of different performance monitoring techniques that allow supervisors and managers to track the cases of discretion misuse and eliminate improper employee behavior at the early stages. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. Officer Bob pulls the car over and requests the driver’s license and registration. Examine several examples of police discretion and review the pros and cons to understand why people are for and against the use of police discretion. Whether a police department has a legalistic, watchman, or service style is a matter of how discretion is controlled and structured. There are various reasons why the use of police discretion is a positive aspect of a police officer’s position. This essay on Police’ Discretion: Definition, Examples and Rationality was written and submitted by your fellow student. 31 July. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination. The analysis of police discretion shows that this phenomenon implies individual attitude and vision of those who exercise it. In the meantime, Ziman (2011) believes that this approach hurts the police officers’ performance – the neglected conflicts and violations emerge into serious crimes. Police discretion is a pillar of modern policing, particularly in the UK. Consider New York City today. Discretion, in this case, serves to be a convenient tool to avoid additional effort and manage the largest number of calls possible. According to the authors, the major controlling mechanism is the establishment of a consistent value system that will ensure operational integrity and alliance to the corporate goals and objectives. On the other hand, the use of police discretion has been criticized for negative aspects. Excessive discretion runs counter to criminal justice goals. Urinating in public is the example I always gave new officers. In a loose sense, discretion can be defined as a freedom of choice. There is a significant amount of training around discretion during academy, throughout on-the-job Field Training (typically about 12 months), and through annual or regular in-service training. Officer discretion is a powerful, basic tool in policing. The author believes that under these circumstances, employees often tend to perform the minimum of actions and maintain a high productivity level. Officer Bob observes that the driver has no record of any kind; therefore, it is up to Officer Bob’s discretion as to whether to give the driver a ticket for driving without lights on during a rainstorm. 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