Many questions can arise when dealing with law enforcement issues. This paper looks to scratch the surface on four of these questions. These questions were answer with my own personal opinions and won’t be found anywhere else but here.…
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.…
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…
informed discretion in all activities. Combination of power, authority, and discretion in police work produces great potential for abuse.…
Police discretion is freedom or the power of state officers to exercise various alternative actions towards a person. A police officer may choose to give a warning, issue a ticket of violation or arrest an offender. Not all circumstances allow police to have discretion. According to a research by Carrington and Schulenber (2004), various factors affect police discretion. These factors include the seriousness and the nature of the crime, prior contacts with the police, injury to the victim, presence of a weapon, the relationship between the victim and the apprehended youth, group crime, age, and sex (Carrington & Schulenber, 2004). They found out that the police charged 86 percent of the youths found in robbery case, murder among other serious crimes.…
As stated on the Community Oriented Policing Services (COPS) website, “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 access it and determine the proper response.” Proper training techniques about how to access and handle situations teach officers how to implement use of force. “The International Association of Chiefs of Police (IACP) in its study, Police Use of Force in America 2001, defined use of force as ‘the amount of effort required by the police to compel compliance by an unwilling subject.’” There are many instances of abuse of how the use of force protocol is abused by an officer and very little done about…
The behavior of police officers is governed by a number of sources, including state and federal laws, departmental policies, code of conducts, social norms, and personal beliefs. According to Swope (2001), “an officer's behavior is influenced more directly by the actions or lack of actions in response to ethical shortcomings of his superiors than by the stated directives or written ethical code of an organization.” Every citizen expects the police officers to uphold the laws, and perform their duties honestly, impartially, and fairly. However, there are a few police officers fail to fulfill their duties because they have no clear-cut choices of sources for guidance in making their decisions. Consequently, they engage in deviance when they…
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 was the 2014 death of Eric Garner in the hands of Staten Island Police Department. The Eric Garner’s case followed outpours from citizens calling for change in NYPD’s stop and frisk guidelines and other police departments as well. This week’s article…
A student ride-along allows the student to observe the use of discretion and techniques that are used by the police officers who patrol our communities. Many people falsely believe that policing is what they see portrayed in the media. We never realize that there is much more to police work then what we consider entertaining or even amusing. By watching a patrol officer in the field, I was able to gain valuable insights into questions concerning why police officers stop certain individuals, why some individuals are taken into custody while others are not, and lastly how the discretion of an officer affects how they perform their jobs. I will discuss these three questions while using three separate situations that…
There are also situations in which the law is unclear and the police officer will disregard the different interpretations of the law and utilize his or her discretion in arriving at a decision (Rivera, 2006). 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. Discretion is the void in the middle of a ring consisting of policies and procedures. However, police are not always supposed to utilize discretion. In some occasions, the law and departmental policies do limit or eliminate the discretion altogether. Discretion is usually constrained by certain norms including professional, legal, social, and moral norms (Scott, 2009).…
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…
Discussions in how discretion is exercised in the legal profession often raises debate in the criminal justice system. Discretion is vastly misused in many of the criminal justice fields. Areas such as youth justice, sentencing, policing, and a host of many other legal fields need better understanding, interpretation and communication. As with many practices, the object of measuring these areas is to understand constraints on its use and areas where it can be regulated better. This paper will reflect the role of discretion and how it is conceived in the justice system. In addition, this paper will examine how individuals elect to measure legal discretion from the public’s point of view as often the public sees only the negative terms of it.…
Abstract: This paper is going to cover the unlawful behavior that led to harmful discretionary acts that had taken place in several different police departments; from the big cities of Los Angeles and Chicago to the small department of East Moline. This will cover, in detail, how these officers went down the wrong path to self-destruct their own departments. “Police discretion refers to the authority granted to a police officer that allows him to decide how best to deal with a certain situation. This is aimed at increasing the flexibility of the justice system as punishment may not always be the appropriate mode of dealing with crimes. Discretion may empower a police…
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…
Police discretion gives a police officer the freedom to decide what should be done in a particular situation, such as whom to stop for a traffic violations, whom to question, whom to arrest, and how to efficiently deal with public concerns and complaints. Police discretion is an essential aspect of law enforcement because police officers on an individual basis are required to deal with a wide range of problems and situations, many of which are not regulated by…