There are however, several scenarios where police discretion is either used or in some instances where even mythical aspects are involved. In very low-level misdemeanor prosecutions, the substantive criminal law that generates the punishment is largely irrelevant. Another reason why discretion is particularly critical for police officers’ activity is the ambiguity of the modern laws. Dempsey, J. S., & Forst, L. S. (2015). Police discretion is a constant consideration within Police services. 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. In this case, police are given discretion, or freedom to decide, on the job to make decisions, but there is a ‘thin blue line’ that the police cannot cross or they will be in violation of the law. Police’ Discretion: Definition, Examples and Rationality, Law: Native Women’s Association of Canada v. Canada, The case of Rockwell Kent and Secretary of State, Minimum Wage in Saudi Arabia and Other Countries, Kristen Monroe's Views on Humanity During a War, Corruption and Accountability of Police Work, European Union Anti-Money Laundering Directive, Sex Tourism, Legal Issues, Benefits, Threats, The Brady Handgun Violence Prevention Act. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. Otherwise stated, discretion allows for distinguishing between minor and major abuses and pointing out the cases that require law enforcement. Unfortunately, your browser is too old to work on this site. Our Authors Write a Custom Essay For Only $13.90/page! If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. Support our journalism. The use of discretion allows the police officer the flexibility necessary to perform his job. Mr. 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. Police discretion is a fact of life but let's not confuse discretion with assigning priorties. 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. I have no idea about what police officers do besdies serve and protect please can someone help me. The suspect obeys, and Officer Bob makes an arrest. 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… Dempsey and Forst’s (2015) assumption, that a consistent value system is the most effective regulator of police discretion, correlates with Kristen Ziman’s view on the problem. "Police' Discretion: Definition, Examples and Rationality." In how officers apply laws to everyday situations that are outside of the "Reason" or "intent" of the law. Let’s look at some examples of when a police officer must use his or her discretion. 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 … (2020) 'Police' Discretion: Definition, Examples and Rationality'. The described examples of evidence that discretion is exercised at all levels of the justice system. Additionally, discretion can be impacted by the organizational structure of the relevant police department. “[N]obody should die because police officers are more interested in absolute dominance than professional, moral and tactical discretion,” Moskos wrote. Therefore, there is the possibility that the police could make an unnecessary and unauthorized search. 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). Thus, they refer to the example of Seattle police officers’ applying excessive physical force to impaired people. Officer Bob sees the person assault a passerby and must now use his discretion to decide whether he will intervene and possibly draw and use his weapon, or call for back up assistance. IvyPanda. In other words, police officers are sure to adjust their actions to the general framework that their chief sets. Your privacy is extremely important to us. Now let’s look at another example. It contains thousands of paper examples on a wide variety of topics, all donated by helpful students. It is seen by many to be both an essential part of policing as well as a constant source of issues. Under the Fourth Amendment, one has the right to be free from unreasonable searches and seizures. Copyright © 2020 - IvyPanda is a trading name of Edustream To begin, there is the risk that the police officer might misinterpret a statute when performing his duties. Discretion definition and examples. 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. These policies feature a set of norms and guidelines defining how police officers are supposed to act under certain conditions. Ziman’s vision of the problem seems to be reasoned and rational. Determine whether the use in each action is reasonable or an abuse of power. One example of police discretion is when you get pulled over by the police for over speeding, they may let you off with a warning or book you a ticket depending on how appealing you are to the police discretion. Instead, a conviction is the near-certain result of the arrest, and the punishment is the process of criminal arrest, pretrial detention, and adjudication.17×17. . How Police Discretion Is Defined Some have referred to discretion as "the hole in the doughnut" and others as "where the law runs out". 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. Despite the ambiguous character of the discretion outcomes, there is a series of reasons that explain the need for its exercising. For instance, the officer could misinterpret a statute and make an erroneous arrest. Additionally, there are those who argue that the use of police discretion can potentially result in a violation of one’s Fourth Amendment rights. In order to perform their duties, police must make determinations, which are quick and use their best judgment. Two examples of abusing police discretion are when racial profiling is used to arrest or make a case, and when there is a set policy within the department but the officers on the street make decisions that are not consistent with this policy. Thus, police officers’ decision-making depends on whether they act relatively freely or under the persistent pressure of the society. The use of police discretion occurs daily. 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. What’s your deadline? Whether a police department has a legalistic, watchman, or service style is a matter of how discretion is controlled and structured. Individual judgment, in this case, becomes the main mechanism of the functioning of the criminal justice system (Dempsey & Forst, 2015). Let’s look at some examples of when a police officer must use his or her discretion. 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). Create a list of ten actions during which an officer might use discretion and why. Taking discretion away has proven to be unsustainable. A police officer’s discretion not to arrest represents the triumph of common sense over the excesses and ‘unwisdom’ of legislators. In a loose sense, discretion can be defined as a freedom of choice. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. IvyPanda, 31 July 2020, ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. Subscribe today. Retrieved from https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. "Police' Discretion: Definition, Examples and Rationality." 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. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. The police see (or learn of) someone doing somet… Thanks "Police' Discretion: Definition, Examples and Rationality." We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. Nevertheless, a large percentage of police officers base their decisions on such factors as race, gender, and manners of violators or victims. The phrase the thin blue line is often associated with the police. Thus, Ziman (2011) refers to the example of police officers’ responding to citizens’ complaints. Excessive discretion runs counter to criminal justice goals. Thus, personal prejudices play an important role even though they do not imply high professional competence. Meanwhile, Dempsey and Forst (2015) emphasize the fact that the described methods should be considered as supplementary. professional specifically for you? A couple examples of police discretion would be an officer witnesses a car driving down a street doing approximately 30 miles over the speed limit. You are free to use it for research and reference purposes in order to write your own paper; however, you must. IvyPanda. Free Advantages and Disadvantages of Police Discretion Essay Sample Police discretion is defined as the freedom to choose how to respond to a given situation depending on the circumstances. Technologies LLC, a company registered in Wyoming, USA. Officer Bob decides simply to warn the driver in this instance. 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. Some of these cases include: domestic violence, public intoxication, trespassing, disorderly conduct, traffic enforcement, hate crimes, mentally ill, use of force, and prostitution. 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 lack of clarity makes police officers take up the responsibility for the law interpretation and its enforcement. City council and police administrators should give it back to the cops on the street. However, regarding body-worn cameras, we believe there is a hazard in giving police officers broad discretionary powers. On the other hand, the use of police discretion has been criticized for negative aspects. For full functionality of this site it is necessary to enable JavaScript. In the world of policing, there is one term that is used quite often by leaders, legislators and commentators. Officer Bob pulls the car over and requests the driver’s license and registration. In a loose sense, discretion can be defined as a freedom of choice. In the policy context, for instance, discretion is essential to preserve the balance between law enforcement and order maintenance. 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. All the actors of the justice system, including judges, prosecutors, and parole boards, exercise discretion, to a larger or smaller extent, while performing decision-making. 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. See Feeley, supra note 9, at 199; Bowers, supra note 10, at 86; Bowers, supra note 6, at 1119; Natapoff, supra note 4, at 1328; Stuntz, supranote 11, at 2568. An introduction to policing [Bookshelf library version]. 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 DISCRETION - EXAMPLES / SCENARIOSMy personal approach in addressing police corruption is to focus on good decision making. This essay on Police’ Discretion: Definition, Examples and Rationality was written and submitted by your fellow student. 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. Imagine that Officer Bob is on patrol in an area known for drug trafficking. How about order essay here? This is IvyPanda's free database of academic paper samples. 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. 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. If the police had to consult with other officers or go to a judge every time they needed to make an on-the-job determination, this would result in a drain not only on the economy but also on the overall law enforcement and judicial systems. Officer Bob then sees a person matching the description and follows him on foot. Environmental Aspects of Metal Extraction. Officer Bob receives a dispatch alert that there is a suspect on foot in the area who just held up a bank. It can be, therefore, assumed that the described factors might be, likewise, applied not only to the police context but the entire justice system. Learn what constitutes police discretion. However, the police have to use their discretion when deciding to perform a search. When the police perform their official duties, there is a certain level of discretion they must use. ⏰ Let's see if we can help you! "Police' Discretion: Definition, Examples and Rationality." Consider New York City today. (Davis 1975, pp 62-66). IvyPanda. In a domestic disturbance, the police officer has to use his discretion based upon the situation before him. Hence, some of them are passed despite the poorly-defined content. The officer follows the car and it continues to go 30 miles over the speed limit. When discretion goes up, crime goes down. Urination in public laws were meant to keep people from pissing on the side of buildings or in public parks etc. Discretion is the void in the middle of a ring consisting of policies and procedures. As a recent development in criminal justice scholarship, researchers have begun to focus on the level of discretion that police officers have in enforcing the law. Dempsey and Forst (2015) suggest considering several factors that are most likely to influence the discretion application. ensure the integrity of our platform while keeping your private information safe. Police' Discretion: Definition, Examples and Rationality. Police tend to exercise more discretion in lesser or traffic type offenses than in felonies. It elucidates the negative outcomes that discretion implies unless it is properly managed. Meanwhile, Dempsey and Forst (2015) assume that discretion is particularly vital in the context of the police officers’ activity. Upon completion of this lesson, students should be able to: You need a custom essay? Police discretion is a pillar of modern policing, particularly in the UK. 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. As a result, some controlling tools seem to be essential to prevent discretion misuse within the justice system. 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. 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