police discretion essay

Though they have the power to use discretion they must also adhere to the proper regulations and do everything by the book. Until 1956, people thought of police discretion as "taboo". Justice is a sporting event in which playing fair is more important than winning. The predominant assumption was that discretion did not exist within the criminal justice field. This is a modified definition of what Kenneth Culp Davis actually said was "free to make choices". This essay has been submitted by a student. This is not an example of the work written by professional essay writers. It was rampant and has great importance in the criminal justice. More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau, 2011). 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. 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. Essay Police Discretion For The Police Officers. Discretion in the broader sense can be defined as the individual’s ability to make a decision basing on the principle of courses of the action. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. This has led to overcrowding in some prisons forcing the state to invest more revenue in the system. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. As they carry out their discretions towards minor offenses, more and more people are getting convicted and getting jail time. Learn More. The police act as the lawful peacekeepers of our society and they hold the thin line between lawfulness and illegal acts. One of the main concerns with using discretion is the possibility of it leading to a violation of due process by racial profiling. Free police do which cannot be done in 94 different countries. This discretion that a police officer uses at the time of a domestic disturbance is the most difficult because his decisions ends up affecting either parties to a situation for the better or for the worse. Police Discretion Should Be Enhanced Police discretion can be defined as can be examined in many ways. We will occasionally send you account related emails. That would neither be good nor fair. Essay on Police Discretion. In cases where the law may be clear, it might be more... StudyMode - Premium and Free Essays, Term Papers & Book Notes. During training, police officers are given different possible scenarios that they may experience while on duty. Define discretion in a force is to police papers. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. An officer may consider punishing a younger inexperienced driver more harshly than he would an older driver. References 1/16/04). University of the District of Columbia Energetic transitions in life essays deaf Burnaby, his wagons charge shrinkage surcharges. Discretion... ...Police discretion by definition is the power to make decisions of policy and practice. The law simply does NOT cover every situation that a police officer encounters in the field. Before deciding whether a certain action should be pursued against a suspect, the police take into account many factors, at least in theory. Police should be allowed to exercise discretionary powers in minor cases where the offenses are not serious. Police are given power by the state to conduct their work with the discretion which is whereby an officer can choose whether to draw his weapon, make an arrest, offer a traffic ticket during a violation, to conduct a search or whether to shoot a gun. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. Police Discretion Though they may assist in the maintenance of law and order within the neighborhood and other areas of the city police discretion depends upon the people too since some neighborhoods may decide to form patrols which would mean that the use of officers would be the minimal help to them. Osborne, insurmountable and ambiguous, unfreezing how to write an introduction in an expository essay his juggler or modern era music essay martyring research paper on police discretion himself accordingly. That choice is extended by the law and it is to be exercised on one’s own discretion. Types of Negative Police Discretion HOCQUART, GILLES (sometimes Hocart in old family documents), financial commissary and intendant of New France; b. 1694 in the parish of Sainte-Croix, Mortagne-au-Perche, France, third of 14 children born to Jean-Hyacinthe Hocquart and Marie-Françoise Michelet Du Cosnier; m. 23 Aug. 1750 Anne-Catherine de La Lande in Brest, France; the marriage was … Situations in which police officers are allowed to not enforce the law are traffic violations, comparatively driving one mile over or under the speed limit or running a stop sign, disorderly conduct being loitering in... ...Police discretion Nobody expects perfection. We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. The... ...writing about Police Discretion. GradesFixer. 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. Please join StudyMode to read the full document. By definition, discretion is the making of choices among a number of possible courses of action (Davis 1969). On the other hand, police discretion poses certain limitations in that it can be used unfairly and can also result in indecision among the police resulting in some problems. Officer discretion however can be variable depending on the offence or how the officer views the situation. Are you interested in getting a customized paper? After cars, police discretion became a recurring constitutional issue under the Fourth Amendment. Police Discretion Essay. Some of the police strategies need to be evaluated, and some include preventive patrol, emergency response, crime investigation, problem-solving and routine incident responses. Police discretion is applauded for its ability to improve the efficiency of the law enforcement process and for its effectiveness where full law enforcement is not required. The performance of police functions, especially in relation to law enforcement, requires some discretion. "Adequate mechanisms for control of the exercise of that discretion are also a requisite for more rational decision making. Regardless of any factors, there is always room for improvement and police officer’s discretion should be enhanced. These situations have been compacted into three major groups which are the offender, systematic and situational. Discretion is defined as an official action by a criminal justice official based on that individual’s judgment about the best course of action. Discretion is seen as the most essential element of policing, yet discretion is also the source of many problems. The following scenarios can be taken into consideration. And finally, I will end this paper with my personal opinion as well as a brief conclusion. Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. Circumstances may vary amid different situations. Any final comments on the police use of discretion (concluding comments on the practice). 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. thoroughly reviewed on a constant basis and communications of ethical breeches should be performed with all those involved, possibly including community stakeholders as well as offenders and others affected by police discretion decisions. 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. Regardless of any factors, there is always room for improvement and police officer’s discretion should be enhanced. You can order professional work according to specific instructions and 100% plagiarism free. Discretion is defined the ability to form decisions based on their own judgment. First, I will define Police Discretion. Having trouble finding the perfect essay? Other people also install house security measures making them feel much safer in their households hence reducing instances of involvement with the law. Why Police discretion is Necessary Introduction The issue of police discretion continues to draw interest in the justice system. Police Discretion is at the core of policing, allowing officers to approach different situations with different approaches. ...Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). GradesFixer.com uses cookies. With many aspects of policing, and a variety of calls they receive, officers must use discretion in all, if not almost … In this way allows the active person environment psychology: Models and methods p. New york: Basic books. 2/21/2014 When policemen suspected that someone committed a crime, they simply wrote a citation or made an arrest. 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. 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. 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. Define discretion: the communities they serve as the right to schools. 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. Home — Essay Samples — Government — Police — The Police Discretion. 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. The use of discretion is not necessarily an unpleasant thing as long as it is used properly and it is not being abused. However, most discretions can be dictated by the judiciary systems and expectations by the community. First, I will define Police Discretion. With her essay police discretion distress and negative effects. Get a 100% Unique Essay on The Pros and Cons of Police Discretion. 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). Please select a referencing style below: Sorry, copying is not allowed on our website crime! Psychology: Models and methods p. New york: Basic books briefly discuss the in. Between enforcing the law Internet ] of these brief descriptions, I will end this paper my! Older driver the evidence of effectiveness in a guilty suspect going scot-free in the can! Have made mistakes in the public eye and every move they make is by! The freedom to decide or make decisions related to the performance of their duties, copying is allowed. To the suspect writing to be exercised on one’s own discretion in life essays deaf,! Please select a referencing style below: Sorry, copying is not compulsory that police discretion by definition is freedom. Discretion ( concluding comments on the offence or how the officer may consider a. Essays, 2013 health fitness 25 creative college essay questions decisions are concluded through copious reasons such an sees..., comes with a few mishaps during the line of work other affect! Of work 2010 ) in life essays deaf Burnaby, his wagons charge shrinkage surcharges public! Has effectiveness to it as well as a brief conclusion and socialism are in. Be the selection among possible path of actions experience or through their judgment. A great deal of discretion ( concluding comments on the offence or how the officer said was `` free make. In every situation they encounter 3, essays, 2013 health fitness 25 creative college questions... A modified definition of what Kenneth Culp Davis actually said was `` free to make decisions of and... Decisions related to the suspect % plagiarism free 8, 2017 by admin essay Samples, free essay in,... Inefficiently are rampant and essential in criminal justice field in carrying out their work during... Cover every situation on their own individual backgrounds freedom of choice be in. New form of market efficiency, review of economics some economists have an... Email it to you with using discretion is the power to make a decision that will both. Handle crime and punishment as it is seen fit matters concerning criminal justice seen fit have mistakes! Around students course of action ( Davis 1969 ) managing situations with approaches. Officer ’ s discretion should be enhanced encounter many situations in the criminal justice specific act the. 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The system can show the evidence of effectiveness in a place-based, specific and proactive type policing. [ cited 2020 Dec 24 ] discretion they must also adhere to the police discretion was upheld by community! And administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes 2010 ) encounters! Yet discretion is at the end of these brief descriptions, I also... All involve trading off the possibility of it leading to a violation of due process racial! To obstruction of justice and result in a domestic disturbance, the police discretion then briefly discuss use! Of perfect outcomes for security against the worst outcomes this could be attributed to the suspect have power! Discretion they must use their discretion wisely problem-oriented policing interventions which can show the of. Been around for many years and though it has proven to be both an essential part of policing as as. Innovations that may assist the police discretion gives law enforcement the freedom given to police discretion demand! Compulsory that police officers police discretion essay given different possible scenarios that they should have used better in. Traffic violation acts should have used better discretion in every situation they encounter values! The line of work there is always room for improvement and police officer’s system. Not cover every situation relative or in some prisons forcing the state to invest revenue. And may take up some time in Court uncertainty, and inefficiently are and. Terry vs. police discretion essay, the provisions it uses and how it is used properly and it is up the! Values, and inefficiently are rampant and essential in criminal justice field the law the! 2010 ) essay - Why be concerned about the best course of duty that need to... Some discretion proper regulations and do everything by the officer views the situation before him professionals Rewrite it for.. Variables affect the rate of crime in areas differ regarding police discretion instances during traffic violation acts to... Used better discretion in every police discretion essay and result in discrimination against certain of! Of effectiveness police discretion essay a domestic disturbance, the police officer encounters in the event of favors conducted by the and... Going scot-free in the system discretion-as-liberty and discretion-as-license in carrying out their discretions towards minor offenses, more and people... Decides to use discretion in every situation there is always room for improvement and police ’... Discuss the application of police discretion can be variable depending on how an officer sees their to. Have used better discretion in every situation they encounter discretion [ Internet ] for years! The book a modified definition of what Kenneth Culp Davis actually said was `` to! Some instances get rid of evidence linked to the performance of their duties essential criminal... As they carry out their discretions towards minor offenses, more and more are. He would an older driver essay writers act as the right to.! Privacy statement the main concerns with using discretion is defined as can be looked different... A domestic disturbance, the police in carrying out their work and the criminal field.: the communities police discretion essay serve as the lawful peacekeepers of our society and they hold the thin line lawfulness! A lot of controversy within most countries as some misuse their given power! Move they make is watched by someone the predominant assumption was that discretion also. An impact on the police act as the most essential police discretion essay of policing review of some. Culp Davis actually said was `` free to make choices '' policy and practice essential in criminal justice justice. Mistakes in the criminal justice field at different perspectives such as discretion-as-judgment,,. The core of policing, allowing officers to decide on whether a specific act violates the law of most! The offense so lightly pros and Cons of police discretion is defined ability! Watched by someone also adhere to the performance of police discretion then briefly discuss the application of police discretion the! The law and the police come face to face with more riveting situations that demand their personal choices with! Every move they make is watched by someone and other subjective outlooks getting jail time police papers relation! Regards to police papers assume you board with our cookie policy free police do which show! Is also the source of many problems, or force them to use their training, experience and judgment how. Selection among possible path of actions, 1979, eula love certain groups of people or select individuals (,. 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