"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). Nobody expects perfection. Our roads are our means to our day to day lives, and the state offers civil servants who are the traffic police to keep a helpful eye on them and ensure motorists are abiding by the laws of traffic so that chaos may not erupt within the roads. Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. Discretion is often one of the most critical aspects of a police officer’s daily duties. Crimes committed around learning institutions may be taken with much seriousness compared to other regions seeing that it is around students. This has brought about the discussion of improving police effectiveness by introducing innovations that may assist the police in carrying out their work. Police discretion can be defined as can be examined in many ways. This essay has been submitted by a student. We provide you with original essay samples, perfect formatting and styling. With many aspects of policing, and a variety of calls they receive, officers must use discretion in all, if not almost … Discretion definition and examples. Discretion, however, comes with a few mishaps during the line of work. Officers realize they are constantly in the public eye and every move they make is watched by someone. Attention! To export a reference to this article please select a referencing style below: Sorry, copying is not allowed on our website. Discretion gives police officers the ability to handle crime and punishment as it is seen fit. Their powers include the most prolific counterfeiter in oct 18, 1979, eula love. This has led to a debate about whether the police should be given discretion to a particular level as it has led to abuse in some cases especially corrupt officials. For my essay, I will discuss police discretion instances during traffic violation acts. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. In other words, criminal justice officials cannot freely decide on any action without facing consequences because they have to comply with laws when exercising discretion. GradesFixer.com uses cookies. Free police do which cannot be done in 94 different countries. Other officers also opt to provide their services to top government officials rather than serve the public simply because they can pay a hefty fee to afford their services rather than assist the normal civilian who cannot afford to cater for himself. There has been a consistent problem between enforcing the law and the spirit of the law. Regardless of any factors, there is always room for improvement and police officer’s discretion should be enhanced. A review of definitions of police discretion notes that there is no legal definition of the term, but the most widely quoted definition is that of Kenneth Culp Davis: “A public officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction.” Culp also stated that, “The police are among the most important policymakers of our entire society. Then it was the task of prosecutors to handle these suspects, while judges pronounced verdicts, which seemed to be inflexible and the same for every perpetrator (Gaines & Kappeler, 2003). This could be attributed to the fact that police discretion and the criminal justice system were perceived as illegal. Due process is the constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of liberty, life, or property (Pollock, 2010). ...Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). Since it is at these moments that discretion is used by the police measures should be taken to ensure no harassment is being carried out. Golphin 2 Police Discretion Essay. Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. This essay will examine police discretion, factors that influence discretion, whether exercising discretion is appropriate, and the concerns that administrators have when it comes to police using discretion in the field. Therefore, when a police officer has the suspicion of a traffic violation about to occur, he can choose to stop the motorist, issue a warrant of arrest to the offender, offer a ticket or take the offender to appear in a court session. The officer may become more lenient towards their relative or in some instances get rid of evidence linked to the suspect. However, police discretion has its limits. University of the District of Columbia A belief in the officers that the law can take action whenever crimes occur has also grown within the community since they can rely on officers for assistance through the police as well have a large workload since they have to clean up on the social issues and crimes that occur. Define discretion: the communities they serve as the right to schools. By definition, discretion is the making of choices among a number of possible courses of action (Davis 1969). We will occasionally send you account related emails. Discretion plays a vital role in a police officer’s ability to do his or her job, because there is not always a law for all situations that one may come across. Our roads are our means to our day to day lives, and the state offers civil servants who are the traffic police to keep a helpful eye on them and ensure motorists are abiding by the laws of traffic so that chaos may not erupt within the roads. Are you interested in getting a customized paper? If discrimination due to an officer’s use of discretion results in a violation of due process it is a violation of the law (Young, 2010). The offender variable, for example, makes the officer take into account the characteristics of the individual that may include his race, economic status, age and also health. Police Discretion Should Be Enhanced Police discretion can be defined as can be examined in many ways. Police discretion has the ability to dismiss minor crimes, yet laws exist where discretion is invalid and officers must accomplish whatever means legally to punish the criminal. The police act as the lawful peacekeepers of our society and they hold the thin line between lawfulness and illegal acts. Police Discretion Essay...#2 Police discretion is issued to officers for the purpose of maintaining a just society. Before deciding whether a certain action should be pursued against a suspect, the police take into account many factors, at least in theory. Because the first moment in a police encounter is a stop, or “seizure,” which could then be followed by a “search,” the guarantee against “unreasonable searches and seizures” has been the main provision governing the police, under both the U.S. Constitution and state constitutions. The officer needs to make a decision that will make both parties involved be content with the resolution. According to http://faculty.ncwc.edu/toconnor/ 205/205lect09.htm, "The attitude of police administrators was that any deviation from accepted procedures was extralegal and probably a source of corruption. Policing is the most visible part of this; employees on the bottom have more discretion than employees on the top; it's a symbolic bureaucracy (Manning 1977). Police discretion is the power or authority that is given to a police officer to act officially in a manner that appears to be just and proper under the presented circumstances. GradesFixer. Some of the police strategies need to be evaluated, and some include preventive patrol, emergency response, crime investigation, problem-solving and routine incident responses. Newer policies, however, want to implement so that the police may get additional power and use discretion less frequently which might reduce harm. In a domestic disturbance, the police officer has to use his discretion based upon the situation before him. BEAUHARNOIS DE LA CHAUSSAYE, FRANÇOIS DE, Baron de BEAUVILLE, financial commissary, intendant of New France, intendant of the Marine at Rochefort; baptized 19 Sept. 1665 in the parish of Saint- Laurent-des-Orgerils, Orléans, France, eldest son of François de Beauharnois de La Boische and Marguerite-Françoise Pyvart (Pinard) de Chastullé; d. 9 Sept. 1746 at Orléans. Situational variables, on the other hand, dictate the magnitude of the offense committed, the area around which the offense has been committed and so on. The same goes for an emergency response whereby police sometimes respond faster to some neighborhoods compared to others simply because of higher social status or the racial profile of the community residing within it. Free Advantages and Disadvantages of Police Discretion Essay Sample Police discretion is defined as the freedom to choose how to respond to a given situation depending on the circumstances. If you fit this description, you can use our free essay samples to generate ideas, get inspired and figure out a title or outline for your paper. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. The laws don’t cover all perspectives and there are always new laws being put in place allowing for the police officers to use discretion in the mean time. However, the more focused and specific police strategies are to pursue a particular crime in the society the better chance there is to control crime. Interestingly, according to Kleinig (1996), we knew almost nothing about police discretion before the 1950s. When it was finally exposed, people like the American Friends Service Committee (1971) called for its abolishment, and police administrators sought a clampdown on discretion (administrative rulemaking)." Police Discretion. Systematic offences on the other hand are controlled by various factors such as public image to the community, generation of revenue by the state and also productivity by the state. Facebook 0 Twitter 0 Google+ 0 Viber WhatsApp. However, the situations presented are not exact and the police come face to face with more riveting situations that demand their personal choices. Types of Negative Police Discretion This is a modified definition of what Kenneth Culp Davis actually said was "free to make choices". Regardless of any factors, there is always room for improvement and police officer’s discretion should be enhanced. When policemen suspected that someone committed a crime, they simply wrote a citation or made an arrest. By clicking “Send”, you agree to our Terms of service and Privacy statement. This is not an example of the work written by professional essay writers. A city, for example, may want to increase revenue through focusing on one traffic crime this acts as a win-win situation since the police bring in money for the city while also punishing the traffic offenders for the committed offense. More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau, 2011). 8 August 2016. Please join StudyMode to read the full document. IV. Discretion can be looked at different perspectives such as discretion-as-judgment, discretion-as-choice, discretion-as-discernment, discretion-as-liberty and discretion-as-license. During a crime investigation incident, for instance, an officer may have a family member involved, and this may lead to hindrances in the case investigation. However, if the people of the community do not agree with how the officers are carrying out their work, they will not see the need to follow the law as it is a two-way transaction of respect between them and the officers. Justice is a sporting event in which playing fair is more important than winning. Students who find writing to be a difficult task. 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). Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. Racial profiling occurs when a police officer uses a... ...POLICE DISCRETION 2020 © gradesfixer.com. Instead, we need responsible administers -- officials who show "good judgment" and exercise discretion by assessing the context of each and every situation. Police discretion is the freedom given to police officers to decide or make decisions related to the performance of their duties. One example of police discretion is when you get pulled over by the police for over speeding, they may let you off with a warning or book you a ticket depending on how appealing you are to the police discretion. It is a significant task that requires disciplined individuals who carry the law of the country with the utmost seriousness. Other instances whereby police discretion can be used are during domestic violence in a home, potential hate crimes committed against people, and crimes involving mentally ill people. All police officer’s use discretion in every situation they encounter. Especially with the rising technology crime may be tackled from a different angle which can significantly reduce corruption within the society as features such as face recognition, biometric and retina scanning assist in providing encrypted security. Citizens are also the ones in charge of their victimization levels depending upon their daily routines in and out of the households and the precaution levels they take. this essay is not unique. With her essay police discretion distress and negative effects. Discretion, uncertainty, and inefficiency are rampant and essential in criminal justice. Available from: https://gradesfixer.com/free-essay-examples/the-police-discretion/, Recieve 100% plagiarism-Free paper just for 4.99$ on email, *Public papers are open and may contain not unique content. A police officer’s belief system consists of his or her beliefs, attitudes, values, and other subjective outlooks. The officer should not be biased but rather assess the offense and determine whether the matter requires an arrest to be made or let the suspect go. It is seen by many to be both an essential part of policing as well as a constant source of issues. As Kleinig (1996) stresses, discretion also gives law enforcers “a permission, privilege, or prerogative to use judgment about how to make a practical determination” (p. 3). Of our society and they hold the thin line between lawfulness and illegal acts work to... Brief conclusion the power to use discretion they must also adhere to the fact that discretion... A place-based, specific and proactive type of policing, allowing officers to approach situations... Free to make decisions of policy and practice officer sees their duty to society will determine officer. A way to promote their self-interests consists of his or her beliefs, attitudes values. 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