ASSIGNMENT #2 – Police Discretion When enforcing the law‚ no two situations are ever the same‚ there for becoming difficult and impossible‚ in some cases‚ to enforce the law equally. There are different circumstances in every crime‚ take murder for example. A ruthless‚ sadistic murder that was intentional. A pregnant woman being beaten by her husband until she‚ out of desperation‚ grabs a knife and stabs him to death. Two very different circumstances but they both fall under the same crime‚ murder
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In performing their duties‚ police are allowed to use a wide range of discretion. Police discretion “is defined as the power enjoyed by a public officer to make a choice among possible courses of action or inaction”(Green & Kelso‚ 2010). Using police discretion‚ officers can decide whether to make an arrest‚ and make decisions about the amount of force to use during an altercation. Factors that affect these decisions are race/ethnicity‚ the seriousness of the offense‚ the suspect’s demeanor‚ poverty
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There have been ongoing debates about the guidelines for police officers when conducting discretionary searches. One police department that has been in the headlines for its practices of discretionary searches have been the New York City’s Police Department. New York City’s Stop and frisk policy allowed police officers to stop and search an individual on the street at their discretion based on suspicion of criminal activity. One of the most highly publicized cases of NYPD’s stop and frisk tactic
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Discretion is a term that describes the flexibility that people like judges have when deciding the fate of offenders. They could choose to give someone the maximum penalty or be a little more lenient. This is all dependent on the situation and the amount of discretion they are given. There are many individuals involved within a case that have discretion. Three of the most prominent of these individuals would be police officers‚ prosecuting attorneys‚ and judges Police officers have a large amount
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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
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In modern day society‚ it is hard to predict police discretion due to the different levels of crimes. Crime is constantly evolving‚ and the rules and guidelines are not always enforcing properly. Therefore this creates a loop whole. A loop whole of this magnitude makes all those within the surrounding communities subject to being criminally exposed to mishaps. “The importance of discretion implemented by the police officers is having the ability to execute judgment opposed to following these set
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The use of force by police in the discharge of their duties can both be reformed and controlled without compromising the capacity of the police to maintain public safety and enforce the law. Violence in the United States has reached epidemic proportions. Violence is most typically an outgrowth of conflict when peaceful dispute mechanisms fail. The use of force by police frequently occurs in situations that are characterized by violence prior to the arrival of police. Crime‚ particularly violent crime
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Police Discretion April 20th ‚ 2008 One aspect of the criminal justice system that has been debated for many years is that of police discretion. Police discretion is defined as the ability of a police officer‚ a prosecutor‚ a judge‚ and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. This basically is saying that there are situations when these law enforcement officers have to use their
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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). Before deciding whether a certain action should be pursued against a suspect‚ the police take into account many factors‚ at least in theory. As Kleinig (1996) stresses‚ discretion also gives law enforcers “a permission‚ privilege‚ or prerogative to use judgment about how to make a practical
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Police Role & Discretion By Dr Jacqueline Azzopardi PhD What is a “role”? Role = RIGHTS & RESPONSIBILITIES linked with a particular position in society Role expectation = the BEHAVIOUR & ACTIONS that people expect from a person in a particular role Role conflict = Trying to perform 2 or more INCOMPATIBLE responsibilities (STRESS!) Eg: Police Service Vs P Force What is the Role of the Police? “Anyone attempting to construct a workable definition of the police role will typically come away with old
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