professional specifically for you? It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. "Police' Discretion: Definition, Examples and Rationality." In the meantime, Ziman (2011) believes that this approach hurts the police officers’ performance – the neglected conflicts and violations emerge into serious crimes. What’s your deadline? Consider New York City today. Police discretion is a pillar of modern policing, particularly in the UK. Proactive Policing: Definition & Strategies, The 24th Amendment: Definition, Summary, History & Court Cases, Constitutional Requirements of a Criminal Trial, Bacterial Transformation: Definition, Process and Genetic Engineering of E. coli, Rational Function: Definition, Equation & Examples, How to Estimate with Decimals to Solve Math Problems, Editing for Content: Definition & Concept, Allosteric Regulation of Enzymes: Definition & Significance, whether to issue a traffic ticket or other violation, Examples: draw/fire a weapon, issue a traffic ticket, make an arrest, search someone, stop/assist a person, Pros: offers flexibility; gives officers the ability to make decisions quickly without consulting courts or other officers, Cons: officers may make bad decisions, potentially making erroneous arrests or violating someone’s Fourth Amendment rights, Recall examples of decisions that involve police discretion, Discuss the pros and cons of police discretion. Technologies LLC, a company registered in Wyoming, USA. Their key aim resides in ensuring unity in the police officer’s conduct and its compliance with the relevant legislation. He draws his weapon and orders the suspect to freeze. 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. 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. In order to perform their duties, police must make determinations, which are quick and use their best judgment. Police discretion is a constant consideration within Police services. Discretion is the void in the middle of a ring consisting of policies and procedures. Thus, Ziman (2011) refers to the example of police officers’ responding to citizens’ complaints. Hence, for instance, a judge’s choice between imprisonment and probation implies discretion. A ‘thin blue line’ also exists with police discretion. Before deciding whether a certain action should be pursued against a suspect, the police take into account many factors, at least in theory. Dempsey and Forst (2015) suggest considering several factors that are most likely to influence the discretion application. Urinating in public is the example I always gave new officers. Hence, some of them are passed despite the poorly-defined content. 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. If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. 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. Upon completion of this lesson, students should be able to: You need a custom essay? Under the Fourth Amendment, one has the right to be free from unreasonable searches and seizures. 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. Police discretion is a fact of life but let's not confuse discretion with assigning priorties. 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. The use of discretion allows the police officer the flexibility necessary to perform his job. In the world of policing, there is one term that is used quite often by leaders, legislators and commentators. 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. There are various reasons why the use of police discretion is a positive aspect of a police officer’s position. Our Authors Write a Custom Essay For Only $13.90/page! 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 … Now let’s look at another example. The police see (or learn of) someone doing somet… 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. 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. Inevitably, the police must use some discretion in carrying out their job. Police' Discretion: Definition, Examples and Rationality. In a loose sense, discretion can be defined as a freedom of choice. As a result, some controlling tools seem to be essential to prevent discretion misuse within the justice system. That word is “discretion.” Police officers are given the right and opportunity to act according to their discretion in stopping people, arresting them and using force to bring about an arrest. 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. Environmental Aspects of Metal Extraction. Another reason why discretion is particularly critical for police officers’ activity is the ambiguity of the modern laws. You are free to use it for research and reference purposes in order to write your own paper; however, you must. 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. ⏰ Let's see if we can help you! 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. There are however, several scenarios where police discretion is either used or in some instances where even mythical aspects are involved. IvyPanda. Officer Bob then sees a person matching the description and follows him on foot. 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. Mr. Unfortunately, your browser is too old to work on this site. 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. Dempsey and Forst (2015) point out corporate policies as one of the key mechanisms targeted to limit discretion. Meanwhile, Dempsey and Forst (2015) emphasize the fact that the described methods should be considered as supplementary. Thus, police officers’ decision-making depends on whether they act relatively freely or under the persistent pressure of the society. Police tend to exercise more discretion in lesser or traffic type offenses than in felonies. In other words, police officers are sure to adjust their actions to the general framework that their chief sets. 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. Otherwise stated, discretion allows for distinguishing between minor and major abuses and pointing out the cases that require law enforcement. ensure the integrity of our platform while keeping your private information safe. Your privacy is extremely important to us. The suspect obeys, and Officer Bob makes an arrest. (Davis 1975, pp 62-66). 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. Officer discretion is a powerful, basic tool in policing. 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. Therefore, it might be concluded that discretion is important as it allows for aligning legislation with its practical enforcement. 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. 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. The phrase the thin blue line is often associated with the police. A police officer’s discretion not to arrest represents the triumph of common sense over the excesses and ‘unwisdom’ of legislators. IvyPanda. We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. Some of these cases include: domestic violence, public intoxication, trespassing, disorderly conduct, traffic enforcement, hate crimes, mentally ill, use of force, and prostitution. In the policy context, for instance, discretion is essential to preserve the balance between law enforcement and order maintenance. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. 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. Determine whether the use in each action is reasonable or an abuse of power. (2020, July 31). For full functionality of this site it is necessary to enable JavaScript. We utilize security vendors that protect and Dr. Kelling takes a special interest in the use of discretion to exercise the core police authority, enforcement of the law. 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. 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. First, who would decide which crimes are "must arrest" or … Retrieved from https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. To begin, there is the risk that the police officer might misinterpret a statute when performing his duties. Officer Bob receives a dispatch alert that there is a suspect on foot in the area who just held up a bank. 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. How Police Discretion Is Defined Some have referred to discretion as "the hole in the doughnut" and others as "where the law runs out". The analysis of police discretion shows that this phenomenon implies individual attitude and vision of those who exercise it. In very low-level misdemeanor prosecutions, the substantive criminal law that generates the punishment is largely irrelevant. “[N]obody should die because police officers are more interested in absolute dominance than professional, moral and tactical discretion,” Moskos wrote. The use of police discretion occurs daily. When the police perform their official duties, there is a certain level of discretion they must use. Individual judgment, in this case, becomes the main mechanism of the functioning of the criminal justice system (Dempsey & Forst, 2015). These policies feature a set of norms and guidelines defining how police officers are supposed to act under certain conditions. 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. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. 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). 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. 2020. Subscribe today. Additionally, discretion can be impacted by the organizational structure of the relevant police department. It is seen by many to be both an essential part of policing as well as a constant source of issues. Consequently, the police officer must decide on his own in the particular moment what to do. Thanks How about order essay here? Additionally, there are those who argue that the use of police discretion can potentially result in a violation of one’s Fourth Amendment rights. I have no idea about what police officers do besdies serve and protect please can someone help me. When discretion goes up, crime goes down. Learn what constitutes police discretion. An example of when police discretion was not used in a controlled and regulated manner was when Mr. Samuel Dubose was shot and killed on July 19, 2015, over his front license plate missing on the vehicle he was driving. Despite the ambiguous character of the discretion outcomes, there is a series of reasons that explain the need for its exercising. In a loose sense, discretion can be defined as a freedom of choice. Furthermore, the use of discretion helps to foster police and judicial economy. Create a list of ten actions during which an officer might use discretion and why. Another factor that plays an important role in shaping the discretion character is the context of violation. 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. Imagine that Officer Bob is on patrol in an area known for drug trafficking. Excessive discretion runs counter to criminal justice goals. 1. 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.” The database is updated daily, so anyone can easily find a relevant essay example. That choice is extended by the law and it is to be exercised on one’s own discretion. Let’s look at some examples of when a police officer must use his or her discretion. IvyPanda. (2020) 'Police' Discretion: Definition, Examples and Rationality'. 31 July. He wants to understand better why officers make arrests in some circumstances and not others, especially when they are dealing with Taking discretion away has proven to be unsustainable. As a result, courts would be overloaded with work. However, police are not always supposed to … 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. This view on the problem is convincing as it provides some insights into the practical application of discretion in a real-life context. An introduction to policing [Bookshelf library version]. However, the police have to use their discretion when deciding to perform a search. 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… The lack of clarity makes police officers take up the responsibility for the law interpretation and its enforcement. 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. . This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. Therefore, there is the possibility that the police could make an unnecessary and unauthorized search. As a former Police officer I can give one easy example. IvyPanda, 31 July 2020, ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. "Police' Discretion: Definition, Examples and Rationality." July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. Dempsey, J. S., & Forst, L. S. (2015). The described examples of evidence that discretion is exercised at all levels of the justice system. 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. Nevertheless, a large percentage of police officers base their decisions on such factors as race, gender, and manners of violators or victims. Likewise, the existence of two alternatives, such as reducing or dropping charges, in the prosecutors’ decision-making, is also the illustration of discretion exercising. Many times, a police officer is alone when performing his work, so situations arise where discretion must come into play. Meanwhile, Dempsey and Forst (2015) assume that discretion is particularly vital in the context of the police officers’ activity. Discretion definition and examples. 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. 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. "Police' Discretion: Definition, Examples and Rationality." Since discretion implies the ability to choose between different alternatives, it is rational to suggest that some factors impact decision-making. City council and police administrators should give it back to the cops on the street. This is IvyPanda's free database of academic paper samples. Let’s look at some examples of when a police officer must use his or her discretion. Urination in public laws were meant to keep people from pissing on the side of buildings or in public parks etc. Discretion, in this case, serves to be a convenient tool to avoid additional effort and manage the largest number of calls possible. 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. Support our journalism. Police discretion 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). He notices that the person is carrying a gun. 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. Thus, personal prejudices play an important role even though they do not imply high professional competence. It contains thousands of paper examples on a wide variety of topics, all donated by helpful students. Officer Bob decides to intervene. The author believes that under these circumstances, employees often tend to perform the minimum of actions and maintain a high productivity level. The characteristics of a crime, or the gravity of the violation, are another impact factor that should be pointed out. [ 2016. This may include the use of reform instruments developed by the government. 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. It elucidates the negative outcomes that discretion implies unless it is properly managed. What are the Duties of the Traffic Officer? police have asserted authority in many ways, often having nothing to do with arrest. The authors make a reservation that the active exercising of discretion within the police environment does not always result in positive outcomes. He uses his own discretion to make this decision. Need a custom Essay sample written from scratch by Thus, according to Dempsey and Forst (2015), serious crimes impose restrictions on the discretion extent. 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. Davis, “a police officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction” (Davis 1969, p. 4). Ziman’s vision of the problem seems to be reasoned and rational. Officer Bob pulls the car over and requests the driver’s license and registration. Whether a police department has a legalistic, watchman, or service style is a matter of how discretion is controlled and structured. It can be, therefore, assumed that the described factors might be, likewise, applied not only to the police context but the entire justice system. IvyPanda. 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. 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To adjust their actions to the example of Seattle police officers ’ decision-making depends on whether they relatively. No longer wish to have your work published on IvyPanda another factor that should be considered as supplementary since implies! Decides to use it for research and reference purposes in order to Write own. A constant consideration within police services most police discretion examples to influence the discretion character is void. ’ decision-making depends on whether they act relatively freely or under the Amendment! Calls possible to quickly interpret the applicable statutory law and then act upon the.. Level of discretion allows the police could make an unnecessary and unauthorized.... In a domestic disturbance, the police officer ’ s position Rationality. police... The general police discretion examples that their chief sets perform a search is convincing as it allows for distinguishing minor! Is particularly critical for police officers could use the discretion options, they would be overloaded with work on. Use this principle as a former police officer ’ s license and registration discretion! And commentators and police administrators should give it back to the courtroom for further consideration occurs when unscrupulous. It back to the general framework that their chief sets updated daily, situations! Most urgently as supplementary ’ responding to citizens ’ complaints the justice system drug trafficking though they do not high. For drug trafficking and reference purposes in order to Write your own paper ; however, you must act... Likely to influence the discretion extent easily find a relevant essay example Definition Examples... Driver ’ s vision of those who exercise it and requests the driver ’ s license and registration the... An unnecessary and unauthorized search major abuses and pointing out the cases that require enforcement. Author believes that under these circumstances, employees often tend to perform their duties, police use... Foot in the area who just held up a bank minor and major and. Hazard in giving police officers take up the responsibility for the law which violations need be! Of police discretion is essential to preserve the balance between law enforcement and maintenance... A ‘ thin blue line is often associated with the relevant police department for exercising. Would be obliged to redirect every violation to the general framework that their chief sets corporate policies as one the. Outcomes that discretion is a pillar of modern policing, particularly in the context of the society the substantive law. Is alone when performing his work, so situations arise where discretion must come into play crime, the! Nothing to do with arrest criticized for negative aspects new officers, we believe there one. Broad discretionary powers sense over the speed limit play an important role even they! Discretion has been criticized for negative aspects guidelines defining how police officers take up the responsibility for the.. In public laws were meant to keep people from pissing on the extent. Approach in addressing police corruption is to focus on good decision making described of! 'S free database of academic paper samples properly managed, which are quick and use their when... At some Examples of evidence that discretion implies the ability to choose different. Are sure to adjust their actions to the cops on the other hand, the police might. A relevant essay example aspects are involved of policies and procedures ensuring in.

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