Police discretion is a fact of life but lets not confuse discretion with assigning priorties. Police discretion allows law enforcement officials to effectively make decisions in the field when no clearcut solution is illuminated by law or a handbook. Discretion is basically one persons decision over another. 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. Use of police discretion two aspects of police decisionmaking with youth were analyzed. Police departments new use of social media raises concerns. Police are what is known as streetlevel bureaucrats. Essay on proper use of police discretion 2124 words. Two problems impending police professionalization, however, in that there are few uncontroversial areas in police work, than in other professions. Police tend to become lenient when the court and correctional systems are clogged. There are multiple factors that can affect a police officers discretion during a given incident. Police discretion and encounters with people experiencing. The guy had nearly an ounce of marijuana on him when i hooked him up. Many law enforcement agencies have difficulty not only identifying and hiring qualified candidates but keeping them as well.
Police discretion is used for minor offenses such as traffic incidents or public urination. At the same time, police discretion needs to be structured. Discretion is the power or right to decide or act according to one s own judgment. Law and departmental policy can limit or eliminate discretion. Policing the police when does discretion become dangerous.
Offences in pumic paces ac 1979 in findlay, egger and sutton eds issues. In policing, discretion is used to determine which laws will be enforced and which suspects w issues with police discretion college essays. Although this report raises the broader issues of discretion in all police work, it focuses primarily on the more. A question posted recently on quora asked, do police officers have too much or too little discretion. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs. The purpose of this article is to outline the major deficiencies of the existing body of research, focusing especially on one, and to suggest ways in which these problems might be. Inevitably, the police must use some discretion in carrying out their job. The consequences of police discretion in the police 1199 words 5 pages. Police discretion as it applies to encounters with people experiencing mental illness has farreaching implications.
In these situations, the officer has a choice to finearrest the offender, or give them a written or verbal warning. These decisions concerning whom to police and how much are primarily matters of distributive justice, and are made at the level of the police department rather than on the street. Cons of police discretion reduced crimes people affected by discretion community speeding hit by cars j walking under age drinking illegal drugs and weapons vice crimes domestic violence references community examples 1. Recorded with screencastify, the screen video recorder for chrome. Issues such as the potential for racism, sexism and socialism are everpresent in everyday policing. Allowing the police the discretion to pursue objectives counter to the 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. In our series examining the impacts of body cameras, we conclude by looking at how. Department of justice office of justice programs 810 seventh street n. For example, if an officer witnesses a felony, law requires the officer arrest the. Whether a police department has a legalistic, watchman, or service style is a matter of how discretion is controlled and structured. The national institute of justice is a component of the office of justice programs, which also includes the. This is an order to arrest an individual that the court has decided to revoke a granted prison parole against. In this study, some of the factors that are related to police officers decisions following encounters with people experiencing mental illness were explored.
But too much discretion can be dangerous it can promote. No, the ones who actually dont abuse their job will end up as police officers. Why police departments are facing recruitment problems. The problem of recruitment and retention of police officers in departments across the united states is well documented. Discretion in the broader sense can be defined as the individuals ability to make a decision basing on. It is seen by many to be both an essential part of policing as well as a constant source of issues. Now suppose that police, instead of being authorized to issue orders to people, has a proscribed and publicly available list of what he can order a person to do, and the circumstances under which he can do so. Police officer christopher hawk gave his opinion on the topic, below. Issues with police discretion college essays randis85.
Police officers face decisions every day that have no clearcut rule for response. While police managers have access to technology that enables them to closely monitor the discretion exercised by police officers at all times alderson, 2003, a manager watching an officers every move is a superficial solution, which suggests a lack of trust in the ethics and values of the officer. Communities that have sufficient social service resources, like detox and mental health facilities, allow officers to use more non. Law enforcement officials have tremendous discretion to determine the amount and style of policing that occurs in their jurisdiction. This video contains footage from real police body cameras. Lipsky 1980 further asserts that discretion among police officers will always be mandatory due to the inevitable lack of resources and the need for an efficient service. Start studying policing ch 6 police discretion and behavior. A difficulty here is that the term discrimination has two quite different positive and negative connotations. This is an order to arrest an individual that the court has decided to revoke a granted prison parole. Police must utilize good judgment while in the field to avoid potentially dangerous situations. Cops can still get legal aid and the courts will throw out nuisance suits for lack of evidence, they do that all the time in civil court.
How the lack of police discretion killed samuel dubose. Discrimination is also a fact of life whether it be race, dress, attitude, or. In a law enforcement context, discretion only concerns decisions that are. Do police officers have too much or too little discretion. What problems are created by the existence of police. The problem is that police forces often do set their own agenda based on the. While davis is to be praised for focusing scholarly attention on problems of police accountability and discretion, his premises severely restrict our capacity. The exercise of police discretion to stop, search, arrest or charge suspects is now regarded as inevitable and not necessarily improper, given the limits of police resources, variations in the seriousness of offending behaviours and the inappropriateness of criminal law for dealing with some situations of conflict and disorder bergen. Daviss work is the foundation for much of the contemporary writing on discretion, especially in legal forums such as law and contemporary problems. Policing ch 6 police discretion and behavior flashcards. There has been a consistent problem between enforcing the law and the spirit of the law.
I arrested a guy on what in texas is called a blue warrant. The benefits and problems of police discretion and controlling strategies are the focus of this essay. Benefits and problems associated with police use discretion. This article is adapted from a paper delivered to the national institute of. When individuals have discretion, individual prejudices and perceptions of groups such as women, minorities, and homosexuals can influence their decision making. Sometimes the public wants no enforcement, and other times they want strict enforcement. Size and structure of the department controls individual discretion.
For example, when the police come to save a person from abuse of family laws, the police may have to face an armed husband or wife, posing a threat to both the victims and the law. Ralph heibutzkis articles have appeared in the all music guide, goldmine, guitar player and vintage guitar. Without discretion the police, and indeed the whole criminal justice system, would become overwhelmed with cases, resulting in public displeasure mclaughlin, 2009. Factors that affect police officers discretion legal beagle. Discretion is part of an officers decisionmaking process in navigating those situations that lack a distinct path towards a solution. Police discretion is a very important approach in matters concerning criminal justice. The development of effective and responsive policing depends upon officers conscientious exercise of their discretion. Police discretion is a constant consideration within police services. Learn vocabulary, terms, and more with flashcards, games, and other study tools. 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.
Excessive discretion runs counter to criminal justice goals. This basically means that police are civil servants working on the street level in direct contact with the general public enforcing the laws of the local, state and federal law. There is a significant amount of training around discretion during academy, throughout onthejob field training typically about 12 months, and through annual or regular inservice training. People who violate laws may get a warning instead of a citation or arrest fewer jails, jail officers, or police officers are needed officers may choose what type of traffic violations to enfo. In law enforcement, discretion is left up to each police officer to make responsible and reasonable decisions on situations while in the field.
During the past decade, the issue of police discretion has become an. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their selfinterests. Police tend to become strict when the city needs revenue. These premises for guiding police discretion run counter to daviss. Better living through police discretion duke law scholarship. Police discretion also allows the police to use force in cases they believe the offender of the domestic violence case may be too malicious to their personal safety. Youve probably seen multiple news stories about the critical shortage of personnel in professions. Police test chapter 6 police discretion flashcards. What are the positives and negatives of police discretion. Too much of a poor use of discretion on a police officers part is detrimental to productivity and stability within the officer as an individual and as a whole for the profession. The pros and cons of police discretion free essays. Travis, police discretion ln law enforcement, a study of section 5 of the nsw.