Police Discretion David Gonzalez University of Phoenix Introduction to Policing CJA/370 Professor John W. Feltgen June 23‚ 2005 Abstract In this paper I will discuss police discretion and the use of these discretionary powers in the law enforcement workplace. I will explore the mythical aspects of police discretionary powers and the source of this myth. I will further discuss the control of discretionary authority. I will name instances of law enforcement officials using their discretionary powers
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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
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Police discretion by definition is the power to make decisions of policy and practice. Police have the choice to enforce certain laws and how they will be enforced. "Some law is always or almost always enforced‚ some is never or almost never enforced‚ and some is sometimes enforced and sometimes not" (Davis‚ p.1). Similarly with discretion is that the law may not cover every situation a police officer encounters‚ so they must use their discretion wisely. Until 1956‚ people thought of police discretion
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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
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Police Discretion Should all police officers of America be advised to enforce the law equally in all situations? Before a justifiable response‚ let’s create a scenario; a full grown man in his early twenties is walking in a residential neighborhood‚ carrying a baseball bat and smashing car windows. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives
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Police Discretion 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
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The Fine Line between Police Discretion and Corruption Abstract In today’s law enforcement agencies there is a fine line between discretion and corruption. Imagine that you are a police officer‚ you pull over a car that you suspect is driven by someone who has had too much to drink. Upon reaching the window you find that it’s an old friend from school. Do you take him to jail or do you take him home? Police officers have the power to make this decision. In the world of the officer this could
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“Anyone attempting to construct a workable definition of the police role will typically come away with old images shattered and a newfound appreciation for the intricacies of police work” (Dempsy) Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same‚ even when examines 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
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reasons for a police officer to exercise discretion. Police discretion is a choice by a law enforcement officer based on his or her training and experience whether to investigate or apprehend‚ the disposition of suspects and the application of sanctions (Schmalleger‚ 2015). Perhaps the most common practice for using discretions would be in those instances were the police handbook falls short‚ better known as the gray areas. Furthermore‚ police officers have also been known to use discretion when it comes
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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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