Preview

The Pros And Cons Of Police Discretion

Good Essays
Open Document
Open Document
423 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Pros And Cons Of Police Discretion
In law enforcement, there are two words that have been the center of controversy for centuries which is police discretion. Discretion is defined as, “the ability to make responsible decisions, individual choicer or judgment, power of the free decision or latitude of choice within certain legal bounds” by Merriam-Webster Dictionary. The people of the United States has been a part of this concept for the creation of the Unites States Constitution. The Constitution allows police officers to have the authority to make a sensible and accountable decision while on a call for service. There are internal control mechanisms, external control mechanisms, control of the citizens, legislative control, and control of the courts that put limits of police
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Police Culture Essay
    • 1016 Words
    • 5 Pages

    Police Culture Essay

    America is a very diverse place where people from all over the world choose to reside. With all of these different cultures blending together into one melting pot, we have to learn how to live with each other. For all these cultures to be able to dwell together, there needs to be order, rules, and guidelines established into the community. Without people that can fulfill those duties in a country there would be no kind of structure within the United States. The people who we count on to enforce these rules in the United States are the police. The citizens hold the police on a higher scale than regular civilians hold each other to. This takes places because civilians view the police in the United States on a pedestal because; they are the enforcers…

    • 1016 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Police Disretion
    • 1144 Words
    • 5 Pages

    Police Disretion

    Police officers are faced each day with a variety of situation in which they must deal; therefore we should ask ourselves the following questions: Should police officers enforce the law equally in all situations? In what situations should police officers be allowed to not enforce the law? What types of situations would they be required to fully enforce the law? Why does police discretion exist? What are its strengths and weaknesses? And what is the relationship between police discretion and police ethics?…

    • 1144 Words
    • 5 Pages
    Good Essays
    Read More
  • Better Essays

    Policing: American Police Agencies
    • 1291 Words
    • 6 Pages

    Policing: American Police Agencies

    Discretion means the police officer has a choice. For example, a police officer pulls you over for a minor traffic violation like not stopping at a stop sign he has a choice of whether to give you a ticket or a warning whether it be written or verbal. This action would be called discretion. The practice of discretion today reflects police by restricting them to not have discretion in all circumstances. Laws and department policy can limit or eliminate discretion. For example, if an officer witnesses a felony, law requires the officer arrest the suspect. And, department policy might require an officer issue citations for all seat belt violations.…

    • 1291 Words
    • 6 Pages
    Better Essays
    Read More
  • Better Essays

    Use of Force
    • 974 Words
    • 4 Pages

    Use of Force

    Let me first start by discussing the use of force by law enforcement. Every day, law enforcement officers face danger while carrying out their responsibilities. When dealing with a dangerous-or-unpredictable-situation, police officers usually have very little time to assess it and determine the proper response (Use of Force, 2010). The United States Commission on Civil Rights has stated “…in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force” (Use of Force, 2010). The IACP or International Association Chiefs of Police defines the use of force as “the amount of effort required by police to compel compliance by an unwilling subject.” The IACP also identified five components of force: physical, chemical, electronic, impact, and firearm (Use of Force, 2010). So, the use of force in essence is the necessary amount of force used by law enforcement to prevent crime or apprehend an individual. When the use of force is abused it can be known as excessive force. According to the Bureau of Justice Statistics or (BJS) in Data Collection on Police Use of Force, states that “…legal test of excessive force…is whether the police officer reasonably believed that such force was…

    • 974 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    Police Discretion
    • 1764 Words
    • 8 Pages

    Police Discretion

    Discretion is defined by the Merriam-Webster Dictionary as “the ability to make responsible decisions, individual choice or judgment, power of free decision or latitude of choice within certain legal bounds.” In law enforcement discretion is left up to each individual officer on the field everyday. Police officers are given the authority to make reasonable and responsible decisions out in the field. Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation. There are also times when the officer has no choice but to use specific discretion in certain situations. Society believes that an officer can make any choice he or she chooses at anytime while on the job. This belief is “mythical”; there are many situations when an officer has no choice but to follow the law. There are also situations when an officer has to make a decision on what type of force is necessary for certain situations. For the most part every officer has a choice when to use or not to use discretion, and enforce the law.…

    • 1764 Words
    • 8 Pages
    Good Essays
    Read More
  • Better Essays

    Discretion in the Criminal Justice System
    • 1914 Words
    • 8 Pages

    Discretion in the Criminal Justice System

    Discretion is the eminence of once behavior or the way of speaking in order to avoid any offensive occurrence or speaking up any private issues or information in public. It is the self-determination for someone to choose or think what should be better to be done in particular circumstances. Especially for a judge, a public official or other private party has the authority to make decisions on any legal matters or other big official subjects. Thus, a person who is authorized with the power of discretion often thinks about how to apply the given supremacy.…

    • 1914 Words
    • 8 Pages
    Better Essays
    Read More
  • Powerful Essays

    Prosecutorial Discretion
    • 1845 Words
    • 8 Pages

    Prosecutorial Discretion

    “While people of color make up about 30 percent of the United States Population, they account for 60 percent of those imprisoned (American Progress).”…

    • 1845 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    The Fourth Amendment: Search and Seizure
    • 2196 Words
    • 9 Pages

    The Fourth Amendment: Search and Seizure

    As previously stated, police officials have laws that they must follow. Such laws are in place in order to avoid corruption and abuse of power. There is a constant weight of upholding the law while simultaneously preserving the right of every U.S. citizen. Since police officials have laws to abide by, they also have to be consistent with the constitutional rights of every citizen. As an influential unit, law enforcement plays a crucial role in obtaining the tools possible to make their duties as thorough as they can be. Aside from police officials carrying out this balance, our government and lawmakers are obligated to oversee the leverage between police power and constitutional rights. Such is done in a manner that will not weaken police force or impede on the constitutional rights of U.S. citizens. Police officials are given a manual. This manual dictates the rules and guidelines necessary in order to catch criminals. If for some reason these rules and regulations are not followed as a protocol, a U.S. citizen’s privacy or right has been stricken. If a police official senses that there is a law being violated, they want to be able to centralize the…

    • 2196 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Better Essays

    Police Discretion
    • 1042 Words
    • 5 Pages

    Police Discretion

    Police discretion is the ability to choose a course of action because of broad limits of power. It "refers to the autonomy an officer has in choosing an appropriate course of action" (The Police In America, 113). It "includes authority to decide which of the various means of helping the helpless, maintaining order, and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion since it is impossible to record everything on what they are supposed to do and not do. We can also understand that if you could record all the rules and regulations it would be too extensive for an individual to comprehend.…

    • 1042 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Police Discretion
    • 833 Words
    • 4 Pages

    Police Discretion

    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
    Read More
  • Good Essays

    Police Discretion
    • 2121 Words
    • 9 Pages

    Police Discretion

    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
    Read More
  • Good Essays

    Controlling Police Through Litigation
    • 677 Words
    • 3 Pages

    Controlling Police Through Litigation

    Police departments draft and implement policies and procedures to provide consistency and eliminate ambiguity in department practices. These are guidelines are for staff and officers to follow in a variety of different situations. Police policies and procedures may have the force of law, or be considered by a court or jury in determining whether an officer acted lawfully in the line of duty. Procedures related to employee actions can also be subject to legal scrutiny in some cases. A lack of policies on issues involving the community may result in unlawful and inconsistent police action. These adverse actions can create a negative reaction within the community, and open the police officers within the department to legal liability.…

    • 677 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Police Culture
    • 944 Words
    • 4 Pages

    Police Culture

    Police Culture in the United StatesAlthough it is senior police management that makes decisions about police strategy, departmental policy, and the allocation of police resources, ordinary officers in fact make the great majority of day-to-day policing decisions. These police officers decide whom to stop, whom to question, and whom to arrest, as well as how best to deal with public concerns and complaints. See really it is ran by the ordinary officer. We used to believe that the “Chief of police” made all the decisions.…

    • 944 Words
    • 4 Pages
    Powerful Essays
    Read More
  • Good Essays

    Why Do Police Officers Acquire Discretion?
    • 461 Words
    • 2 Pages

    Why Do Police Officers Acquire Discretion?

    Today’s police officers have more than enough pressure on them to do the right thing. One of the main tools an officer has available is their ability to do what is right in that instant, as it relates to discretion. If an officer followed the letter of the law and held strictly to it, then the jails and prisons, along with the court system, would all be so overloaded there would be nowhere to put anyone else. Not every possible scenario an officer might experience can be thought of nor taught in the academy. Therefore they need some latitude in exercising discretion because they are the only ones who can read and judge the situation at that moment. By using discretion, they can choose whether to stop someone who may have failed to use…

    • 461 Words
    • 2 Pages
    Good Essays
    Read More
  • Better Essays

    The Police and Corruption
    • 1417 Words
    • 6 Pages

    The Police and Corruption

    people. The police is a government service to all people, but all people do not…

    • 1417 Words
    • 6 Pages
    Better Essays
    Read More

Related Topics