The Advantages of Police Discretion
- Use of Force. A police officer has the ability to utilize discretion when determining an acceptable level of force to against a suspect.
- Crime Prevention. Police officers are not simply rule-following soldiers. ...
- Arrests and Ticketing. Police officers have discretion when enforcing some areas of the law insofar as who is ticketed or even arrested.
What are the cons of police discretion?
What are the cons of police discretion?
- Statutory laws don’t cover every potential situation.
- It can be an invitation for cronyism.
- Violating orders can lead to the use of excessive force.
- It can lead to soft law enforcement mechanisms.
- Some police officers see discretion as being a form of unlimited authority.
Why do police officers need to use discretion?
The use of police discretion provides officers with the flexibility they require to perform their job adequately. It allows each person to interpret applicable laws and then act upon them based on the choices made in that moment.
Why do cops have so much discretion?
Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs.
Should discretion be taken away from officers?
Without discretion the police, and indeed the whole criminal justice system, would become overwhelmed with cases, resulting in public displeasure (McLaughlin, 2009). Lipsky (1980) further asserts that discretion among police officers will always be mandatory due to the inevitable lack of resources and the need for an efficient service.
What does it mean when police use discretion?
Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.
Why is discretion important in the criminal justice system?
Discretion plays a vital part in the criminal justice system. It's the power of officials to take actions according to the dictates of their common sense and conscience. Discretion in the criminal justice system is crucial because it helps the people in charge keep the public safe from those who break the law.
What is the most important factor concerning police use of discretion?
THE PRIMARY FACTOR WHICH SEEMED TO INFLUENCE THE EXERCISE OF DISCRETION WAS THE DESIRE ON THE PART OF THE RESPONDENTS TO MAINTAIN A CERTAIN PUBLIC IMAGE OF THE POLICE ROLE, BASED UPON THEIR JUDGEMENT OF WHAT THE COMMUNITY'S EXPECTATIONS OF THE APPROPRIATE POLICE RESPONSE ARE.
When can discretion be used?
Discretion is the power of officials to act according to the dictates of their own judgment and conscience. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable. If the plaintiff or the defendant thinks that the trial court judge has abused the discretion, the party can appeal the case.
What are the three important factors of police discretion?
There are multiple factors that can affect a police officer's discretion during a given incident.Suspect's Demeanor. ... Suspect's Record. ... Complaints. ... Attitude of Parents/Guardians. ... System Variables.
What are negative effects of police discretion?
Inevitably, the police must use some discretion in carrying out their job. But too much discretion can be dangerous — it can promote discrimination, unpredictability and, most fatally, injustice.
Who has the right to discretion?
Introduction. Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law. The concept of discretionary power is an instance which shows the independence of our judiciary.
How discretion plays an important part in the decision making process in policing?
In a consensual model of policing, officers can select how to respond to an incident because they have the legal and practical capacity to choose from various options. Discretion provides the flexibility to ensure the policing response meets the needs of the situation, crucial in securing just outcomes.
What is discretion and why is it important?
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a trial, may be exercised by a judge. Some view discretion negatively, while some view it positively.
How does discretion work in criminal justice system?
Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.
What is discretion in criminal justice quizlet?
Discretion Definition. -official action by criminal justice official based on individual's judgment about best course of action.
Who has the most discretion in the criminal justice system?
ProsecutorsProsecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What is police discretion and when can it be used?
Police discretion is an officer's freedom to make decisions on the job. Police discretion is used while officers are performing their official day-...
Why is discretion important in the criminal justice system?
Discretion is important in the criminal justice system because it fosters judicial economy. If officers had to ask permission from judges for every...
What are examples of police discretion?
An example of police discretion is when a car gets pulled over for speeding. The officer can use their discretion and decide whether or not to issu...
Why is ethical dilemma important in policing?
It is important for officers of the law to have ethics and morals in order to not be corrupt and then become bias against others. Ethics helps officers know when to use force against citizens and how much is appropriate. As long as people have power and authority over others, they will always be faced with ethical dilemmas. Dilemmas such as the noble cause.
What are the key elements to avoid dangerous and some kind of risk factors such as you have to drive with proper care?
The key element to avoid dangerous and some kind of risk factors such as you have to drive with proper care as well as don’t be carelessness while driving. For you safety, just wear helmet, seats belts and some other safety measures are essential to avoid any dangerous
What is the difference between deadly force and non-deadly force?
The difference between the two is distinguished by the likelihood of its use to gain compliance or to cause great bodily harm or death. So, simply stated the use of deadly force refers to the application of force that is likely to result in lethal consequence. To understand the pervasiveness of Police use of deadly force, it is imperative to fully understand the scope of the functions of Police Officers and the burden of authority placed upon them by law to use coercive
Why is discretion important in police?
Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs.
What discretion do police officers have?
Police officers have discretion when enforcing some areas of the law insofar as who is ticketed or even arrested. It isn't cost effective for an officer to attempt to pull over everyone he suspects of speeding or attempt to search the vehicles of those he pulls over. The advantage here allows an officer to focus his energy on those situations where he believes a law has genuinely been broken in reckless fashion or when he believes a suspect is hiding something and may have broken more serious laws.
What is the use of force in police?
Use of Force. A police officer has the ability to utilize discretion when determining an acceptable level of force to against a suspect. An officer is able to use lethal force if he believes his life to be in danger but he is not obligated to do so. Preserving life is always the foremost concern of officers and allowing them ...
Do police officers follow rules?
Police officers are not simply rule-following soldiers. Discretion, as it is used by these law enforcement professionals, acts as a deterrent to crime simply by avoiding predictable patterns that criminals can take advantage of.
What are the advantages of police discretion?
List of the Advantages of Police Discretion. 1. Police discretion allows officers to make decisions when a clear solution may not exist. The principle of police discretion allows a law enforcement official to make effective decisions while on the job when clear solutions may not be available. That means each officer has ...
What decisions require the use of police discretion?
An officer might need to consider whether or not to draw a weapon, make an arrest, issue a traffic ticket, perform a search, or stop to offer assistance to someone.
Why is discretion a soft law enforcement mechanism?
It can lead to soft law enforcement mechanisms. When police discretion gets abused at local precincts, it can result in softer law enforcement mechanisms. It may act as a motivation to the general public to be less respectful of the laws and regulations that govern their community.
What is discretion in juvenile justice?
Discretion is available for offenders of all ages. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. The discretion they use when interacting with young criminal offenders gives them the option to handle delinquencies and minor offenses in a constructive way.
Why do detectives use discretion?
4. It allows for resource allocation. Detectives can use police discretion as a way to allocate resources to specific activities. Different departments can take advantage of this principle to determine how much time gets spent investigating a specific case.
Why is preserving life important to police?
The principles of police discretion make this possible while also allowing for a higher level of force to get applied when necessary to prevent future injuries. 3. This principle allows an officer to pick and choose their enforcement opportunities.
Why do police use lethal force?
Officers can use lethal force with this advantage if they believe a potential offender is threatening the life of a civilian, themselves, or a fellow officer. It gives them the right to defend their life without the obligation to do so. For most police officers, preserving life is the best-case scenario.
Why is discretion important in police?
“Their discretionary power allows police officers to transform the spirit of laws . With their interpretation of a particular issue, there is a legitimization of its overall hold of a particular society in creating control” (Seri, p. 3) The practice of discretion also improves the way police enforces the rules and regulations stipulated by the law.
What is discretion in police?
The concept of discretion in itself is creating the determination of who are good and law-abiding citizens and who are criminals (Seri, p. 4). Such power remains to be vital in the overall functions of police practice. Negative Consequences Given the positive influences that police discretion creates, there are also implications in such practice. One important consequence is the relative abuse of power among police officers in the issue of discretion. Such actions often emanates on both the extremity and unequal judgment given by authorities.
Why is discretion important in law enforcement?
Prior to its original function of responsible practice under the basis of laws, there is now a scenario that challenges the foundation of accountability and laws. “Discretion allows the police to challenge mechanisms of accountability and to erode the laws and rules that they are required to enforce, in part because of the proactive character of policing and the limited, retroactive character of accountability” (Seri, p. 4) Such misuse can create different problematic instances in the realm of law enforcement.
Why is the line between the appropriate functions of discretion among members of the police force important?
Drawing the line between the appropriate functions of discretion among members of the police force remains to be an important component of policing. With the discovery of police discretion, there had been different debates as to its importance and hindrance in the application of law within communities. Many arguments have been placed as a result of such discovery and have prompted different set of opinions and views concerning its continued practice.
What does discretion mean in law?
Seeing such, ‘discretion’ means the freedom in making choices responsibly under the circumstances aforementioned. “Discretion designates power or freedom to judge and decide what needs to be done in a particular situation” (Seri, p. 2).
What is fair and equal treatment?
It is a practice that is characterized as fair and equal treatment among different people. Moreover, there needs to be continued training and development among police officers concerning amendments and changes in laws. Being familiar with such tenets can help prevent the occurrence of abuse and misuse of power.
Why is it important to do such actions?
Doing such actions can help enhance and prevent the process of bias and prejudice in apprehending alleged violators. Another vital criterion that can be exhausted in the process is the creation of rules and standards on as to how police practice discretion.
Why is discretion important in police?
According to Reiner (2000 as cited in Rowe, 2007), the lack of resources in some situations mean that not every infringement on the law will be enforced and that even if the relevant law was precise there would still be variations in the interpretation. This makes discretion an important and inevitable part of modern policing.
What happens if police use discretion?
If police decide to use discretion, that this may be seen to be the soft option and therefore undermining the authority of the police. This may lead to others thinking they can “get away” with disorderly behaviour and the Police in the area may lose control.
What is discretion in police?
Police discretion is essential part of policing. Police discretion is a constant consideration within Police services. It is seen by many to be both an essential part of policing as well as a constant source of issues. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing.
What does it mean when police say they have their own beliefs?
Other research suggests that Police often refer to their own beliefs and judgments of the situation to make decisions of discretion instead of relying solely on the facts and evidence at hand . Edwards 1989) this means that that officers individual perception of the problem will influence the decision made. The issue with this is that, a crime may go unpunished purely because the officer might believe that he she provoked the other and that if the offenders attitude towards the officer is favourable, then discretion is appropriate. Likewise, personally beliefs about race and socio-economic status are used as markers for a result. Edwards (1989). Edwards (1989) goes on to say that Police may be less inclined to offer adequate assistance to women who are black or women from poorer backgrounds as well as those who offer some resistance to the attending Police. For example often family violence situations carry a high level of stress and aggression and the woman who has just been violently assaulted may direct some of her anger and perhaps for lack of a better word helplessness of the situation at attending Police. Edwards (1989).
Why is there a higher rate of arrest?
It is widely reported that there is a higher rate of arrest where the distain and aggression has been directed at police and caused the arrest to occur for other reasons then the greater public good. Therein lays one of the fundamental flaws with police discretion.
Do police use discretion?
Research has suggest ed that Police are more likely to use discretion a lot less often in situations like these. According to Edwards (1998), Police officers have greater freedom with public offences in that they are often the witnesses and sole evidence suppliers. This means that, while others who are drinking alcohol in town may not be offended or simply don’t care about the young man’s behaviour or they don’t see the behaviour of an individual as disorderly, a police officer may see otherwise. The subjective view of the officer will come into play and the “offender” will likely be arrested.
Can police discretion be overused?
What this essay shows is that while police discretion can be overused in some instances there are and will continue to be evolving thought on the effectiveness of the police discretion system. It also shows that for Police discretion to work effectively, policy must continue to be updated so that the personal beliefs of individual police officers cannot become the driving force behind their decision making, instead ensuring that common sense is the only non mandated thought process that enters into decision making.
When do police officers use discretion?
Even in cases where it is clear that a crime has been committed, police officers often use their discretion in order to determine whether the violation will result in criminal proceedings (1999, p. 94).
What is discretion in police?
Police discretion is a phenomenon that is integral for understanding how police work is conducted. According to Pond (1999), discretion refers to the selective enforcement of the law by law enforcement officials (p. 94).
Why is discretion important in policing?
While administrators are often bound by bureaucratic regulations, law enforcement professionals at lower levels of the organization possess great leeway in the manner in which they perform their jobs. Because of the power that police have to deprive citizens of their life and liberties, the role of discretion in policing is of great concern to scholars and the public alike.
Why should police regulations be adopted?
In order to maximize the benefits of police discretion while reducing its detriments, regulations should be adopted to prohibit conduct that clearly violates the rights of citizens . As Groenveld (2005) notes, discretion is likely to be exercised in situations where fewer formal rules are established for handling the particular situation (p. 1). Further, administrative rulemaking is the most effective method of restricting discretionary behavior (2005, p. 5). While police should be able to determine the extent to which they arrest and charge suspects of petty crimes, acts such as excessive force should be curtailed through departmental policies.
What is the power model of criminal justice?
According to the power model of criminal justice, the use of discretion tends to promote the interests of the advantaged in society (1993, p. 91). The power model is supported by research demonstrating that the majority of individuals who are detained by police officers for crimes are from disadvantaged socioeconomic groups (1993, p. 91).
What was the significance of the Rodney King beatings?
A Walker highlights, the March 3, 1991, Rodney King beatings that were conducted by Los Angeles police officers highlighted the power that police officers hold to severely violate the rights of suspects when they abuse their discretion (1993, p. 21).
What is the highest degree of autonomy in a detective?
For example, a detective division can determine how much time is spent investigating a particular case or what resources will be devoted to the investigation. However, because of their relative autonomy, officers on foot or car patrol often exhibit the highest degree of autonomy and enjoy the greatest level of discretion in their daily operations.
