Preview

Essay On Police Discretion

Good Essays
Open Document
Open Document
553 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Essay On Police Discretion
CMRJ302 Week Five Forum When you begin to get into police discretion, you have to first bring up the spirit of the law and the letter of the law. Did the subject mean to do whatever the issue is? Is there intent? When I was first married years ago my wife had gotten a parking ticket in Hoke County, NC. It was one of those things that got poked away in her glove box. I had found the ticket and taken it to the Hoke County courthouse to pay it. I paid by check (that is how we used to do things.) I was working as the patrol supervisor for the MPs at Fort Bragg on midnight shift a few days later when the Hoke County Sheriff’s Office came calling. It was time for her to go to jail for failure to appear. My wife told the deputy that I had paid the ticket and this was a mistake. After seeing our young toddler son and his nearly hysterical mother (I can only imagine) the deputy decided he would give that warrant a 24 hour cushion before acting. He called the next day and told her that the check had cleared and she was good to go. In a nutshell, that is police discretion.
Some officers have difficulty with discretion with has led to some departments implementing control measures. Some
…show more content…
As a patrolman, I never knew what was going to happen until I approached the operator of the vehicle. If I had initiated a traffic stop for a minor infraction (let’s say failure to obey a traffic control device at night on a deserted road). On approach, if the driver kept his hands in plain sight, was somewhat courteous, and had all of his documents, chances are I would let him go. If the subject acted as if they didn’t want to stop or cursed at me, they were going to receive a citation. I have had several friends in civilian law enforcement that tell me if they have to turn on their overhead lights, the driver is getting a citation. That would definitely be a way to take any concern about the fairness of the officer out of the

You May Also Find These Documents Helpful

  • Good Essays

    Pennsylvania Vs Mimms

    • 938 Words
    • 4 Pages

    When police have encounters with suspects there are legal justifications that are required during those encounters as well as determining the potential for criminal evidence. In this particular case study, officer Smith has noticed a vehicle that has what seems to be a broken tail light, therefore pulls over the vehicle. The fact that the car has a possible broken tail light is enough to pull the vehicle over, a simple whats called in most states a correctable violation, typically resulting in a ticket or a certain amount of days to get it fixed. Therefore I believe that officer Smith had a legitimate reason to pull the vehicle over, however I do not believe he had reasonable suspicion until he started to approach the car.…

    • 938 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Ethical issues in policing reach back to the early ages of law enforcement. The profession of policing plays a vital role in the rationale and motivation of how officers conduct themselves while on and off duty. This is a primary focus point of the society in which they work, due to the society’s level of trust and confidence in the officers to act accordingly and responsibly without any negative person vengeances or vendetta. As a result of the numerous negative encounters of officers interacting with the public, which has been mainstreamed by the media, there is a heightened sense of entitlement and false responsibility of citizens to report to higher authorities or the media when they do not get whatever it is that they want or receive the…

    • 389 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Police discretion allows officer the power to make decision to purse police procedure or to simply give a warning and let someone go. An example of police discretion would be if an officer pulls over a teenage driver for running a stop sign. Once the officer approaches the care he notices a roach “end of a joint” in the passenger seat. The officer then has the option to either let the teen slide with just a warning or to follow police procedure word for word. In my opinion police discretion is beneficial. Giving someone a warning allows you to explain what could happen to him or her if caught next time. If every person who broke the law or did something wrong was arrested or charged our jails would be packed and officer would have stacks of…

    • 213 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The types of situations that police officers should be allowed to not enforce the law/ use their own discretion is when it comes to petty crimes such as children writing on walls, jaywalking, or having a headlight out. You can’t possibly write…

    • 371 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In our text, discretion is defined as having to decide between two or more courses of action or behavior. Discretion is practiced in all aspects of the criminal justice system, police, corrections, judges and attorneys all have the power and capabilities to exercise discretion. An example of police discretion is a police officer responding to a domestic violence call, the officer can analyze the situation and decide to arrest one or both parties or, attempt to provide them the resources to get help or give a warning. An example of a correctional officer using discretion is, if the correctional officer witnesses an inmate breaking a law or code of the facility and can make the decision to do nothing or follow procedure. Another example of discretion…

    • 236 Words
    • 1 Page
    Good Essays
  • Good Essays

    There is not an absolute to every situation every time. There are different people involved in different locations with different attitudes. Some officers believe that politicians enact laws to make symbolic statements and that they do not desire full enforcement of the laws. Age, race, income, attitude toward the officer, gender, and income status are all factors of how police respond to a situation. Police are more likely to use more force against African Americans and they are less likely to take a juvenile complaint as serious as an adult. Discretion is used at all levels of the criminal justice system. The police, lawyers, courts, individuals, and corrections all have instances such as deciding minor differences in matters such as a routine pull over for the police, whether to take a case or not for lawyers, whether to break the law or not for citizens, and for judges how long of a sentence should be handed down. Discretion being defined as the ability or power to decide responsibly or the freedom to act or judge on ones own, in this instance still according to the law and regardless of ones own prejudices. Police are the largest and most visible segment of the criminal justice system. Many decisions a policeman or women make is at his or her own discretion. Police have a wide range of discretion in their multiple daily duties. Discretion can be seen when an officer decides whether to pull a car over, question some…

    • 477 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Police subculture is one that is questioned with police brutality, use of excessive force in administering order, cover-ups for fellow police officers, corruption, and other unethical issues in the police system. An efficient police system would mean a flawless one, where there is no corruption or any form of misconduct where recruitment and training would all be fair. The police have time and time again been on the frontline for assault against a particular society, such as the black community who continually are being harassed by the law-enforcement. The moment a police officer swears the oath, he also commits himself to serve all of mankind, regardless of age, color, ethnicity, social status, or race.…

    • 915 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    For example for one officer objectively reasonable means if you don’t show me your license I get use soft hands, while in another town the same resistance means I can pull you through the car window or i can taser you. So the inconsistency throws people off or causes them to get hurt.…

    • 519 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Police Disretion

    • 1144 Words
    • 5 Pages

    When enforcing the law, for police officers not two situations they encounter are ever the same, even when examine a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. In many cases, officer’s discretion extends to interpreting the meaning of the statutory text. It becomes, therefore, impossible to enforce the law equally due to the wide interpretation that can be a particular law. This is the heart of police discretion.…

    • 1144 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Samuel Walker (1993) asserts the problem is not with the use of discretion, but the misuse of discretion in the Criminal Justice System. According to Walker (1993) “The Criminal Justice System is nothing more than the sum total of a series of discretionary decisions by innumerable officials.” (Walker 1993 p.4) Charles Klahm and Rob Tillyer (2015) explains that “Exposure, activity, and performance independently impact the likelihood of the officer initiating discretionary.”(Charles Klahm and Rob Tillyer, 2015 348). The assumption is police officers who are routinely exposed to diversity among age, race, gender, and criminal or noncriminal individuals effect the police use of discretion. The activities that police officers partake in is another factor that shapes the police use of discretion. The suggestion is that police officer's past behavior will reflect their future behavior in other words. Similar to activity, performance looks at police officers past performance. The assertion is that police officers who perform discretionary searches where contraband was founded were more likely to continue using discretion when conducting…

    • 632 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Police Discretion

    • 538 Words
    • 3 Pages

    Discretion gives police officers the ability to handle crime and punishment as it is seen fit. It is not compulsory that police officers enforce the law equally in every situation. Circumstances may vary amid different situations. The following scenarios can be taken into consideration. If a husband rushes to the hospital to be in time when his child is born and in the act he runs through a stop sign, police discretion may be used to dismiss the husband with a warning. 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.…

    • 538 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Maybe there is justification by the driver for the speed, such as getting a family member to the emergency room. In this case, the officer may even use the discretion to provide an escort to help ensure a safe arrival. Perhaps the officer gives a verbal or written warning rather than a citation. This can affect the community positively. The driver is likely to talk to several people about being stopped for speeding and share that he/she was let go with just a warning. Perhaps there are other factors that impact the officer’s discretion such as ice and snow on the road with pedestrian traffic. The officer may take all these factors into consideration and decide the best course of action for this driver is a citation.…

    • 380 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Police Discretion

    • 833 Words
    • 4 Pages

    In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion.…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Police Discretion

    • 2121 Words
    • 9 Pages

    Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situational situations with individuals (Sherman, 1984).…

    • 2121 Words
    • 9 Pages
    Good Essays
  • Better Essays

    Police Discretion

    • 1042 Words
    • 5 Pages

    It is crucial for the police to use discretion because there may be new situations which arise that they have not run across yet. For example, let us just say that a police officer pulls over an individual who was speeding. This person may explain to the officer that his reason for speeding was some kind of an emergency situation that maybe he/she never heard of before. The officer, using his/her discretion, possibly might not issue that individual a summons. On the other hand, if this officer were to pull over someone in a non-emergency situation, such as joyriding, he/she would most likely issue that person a summons.…

    • 1042 Words
    • 5 Pages
    Better Essays