Essay on Police Discretion. Words6 Pages. Police Discretion. Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in Police discretion is one of the most important segments of policing. It is penetrative and essential to the Criminal Justice System. It means the right of the police officers to have their own decisions, the right to put someone under arrest, and to enforce the. 6 Pages Words. Police Police Discretion All of this information should be appropriately and thoroughly communicated with police personnel and constant continuing education, communication and training should be in place to control for possible imbalances in the use of police discretion. Though the culture of the department as well as the expectation of the community will likely sway the many issues surrounding police
Police Discretion - Essay - words
Yet, this clearly does not eliminate the possibility of abuse of power and wrongful use of police discretion as the disproportionate application of justice upon those of lower class and of minority races is fundamentally present in both lesser and greater crimes. If you were a supervisor within a police department, how would you manage or control the police discretion essay practices of your officers? One of the most important aspects of managing and controlling police discretion has to do in part with staffing, recognizing who has the valuable knowledge to use discretion effectively and who would be better suited to stand back and learn this knowledge from those who are more adept with it. Perhaps those who have had more time in a given community or who have worked in many areas of the department and seen a greater variety of regional and community crimes and criminal behaviors should….
Resources Miller, E, police discretion essay. The Warren Court's Regulatory Revolution in Criminal Procedure. Connecticut Law Review, 43 1 Retrieved from EBSCOhost. Murakawa, N. x Sims, B. Police perceptions of their working environment: Surveying the small department. Police discretion allows for this discrimination to occur. Skogan and Frydl concur that police discretion is an increased concern, in relation to racial profiling and discrimination. The authors surmise that pro-active special units often make street stops police discretion essay searches, in location oriented patrols of high police discretion essay areas.
This results in the civil liberties of innocent citizens often being impinged upon, due to the officer's misuse of their discretion in this strategy. This further gives rise to the mistrust of officers, among the greater community. Authors' Positions - Which Agree and Which Disagree: Bayley and Nixon discuss police discretion in regards to it's effects on racial discrimination and continuing concerns regarding…. The changing environment for policing, Cambridge, Mass. Klockstars, C, police discretion essay. The Dirty Harry problem. The Annals police discretion essay the American Academy, police discretion essay, Skogan, W. Fairness and effectiveness in policing the police discretion essay. Washington, police discretion essay, DC: National Academies Press.
Walsh, W. Police Discretion The execution of discretion in judgment among police officers has been studied for decades De Lint, efore the 's, For some three decades now it has been established knowledge that police officers use discretion De Lint, police discretion essay, Through the 's, police discretion essay were expected to use "common sense," with little attention paid to analyzing situations where discretion was called for or for applying specific training to improve the kinds of judgments made in such situations. Obviously, police discretion essay, police will have to use discretion, but one response to the problem of discretionary judgments, some of which led to clear abuses of police power, was to make the training of police officers more academic.
The assumption was that better-educated people make better judgments, police discretion essay. However, research on the outcome of this approach showed marginal improvement at best De Lint, While no one is opposed to having well-educated police officers, the other…. Bibliography De Lint, Willem. Newfield, Jack; and Jacobson, Mark. Kelly, Sean F. Wu, Steven. olice and Juvenile Delinquency According to the numbers published on the National Institute of Justice, inthe number of arrests of juveniles was down by a little over half the same number inwhen it reached its maximum. The reasons for this "recession" in juvenile arrests in the U. may be attributed to better results in the work of juvenile delinquency prevention as well to increased police discretion when it comes to taking decisions related to the arrest of the juveniles caught in "action.
html will be the first to influence a police officer's decision to act…. Police and Juvenile Offenders, police discretion essay. pdf National Institute of Justice. Therefore, it does not seem logical that a police department could exist without at least some form of discretionary decision-making. Discretion is used at just about every level of a police department, from the officers on patrol to detectives police discretion essay even management. Another expert notes, "Police encounter a wide range of behaviors and a variety of situations that the law hasn't even thought about yet. One of the most amazing things about policing is not who they arrest, police discretion essay who and how many they let go nonarrest options, leniency, underreaction " O'Connor, Thus, discretion lives at every level of a department.
An officer lets a speeder go with a warning, a supervisor lets an officer off with a warning about behavior, a detective chooses police discretion essay to prosecute a domestic violence suspect where an ounce of marijuana is discovered on the premises, and a police chief chooses to suppress information about…. References Banks, C. Criminal justice ethics: Theory and practice. Thousand Oaks, CA: Sage Publications. Edwards, M. Law and the parameters of acceptable deviance. O'Connor, T. Police discretion. Retrieved 28 Aug. police discretion? How do the internal and external mechanisms influence police discretion? Is there a better solution to improving police discretion? Police discretion is when the officer will have police discretion essay responsibility to make their own determinations as to how they should be enforcing the law.
The way that this is accomplished is through giving them the flexibility to decide how much emphasis they should place on dealing with specific situations. For example, assuming that someone is speeding three miles per hour over the speed limit is considered to be a gray area. Technically speaking, the patrolman has the right to pull the driver over and give them a ticket. The discretionary part takes place if it appears as if other crimes could be committed during the process such as the driver of the car is swerving radically. This will give the officer the power to pull the vehicle over based…. Bibliography Police Culture. Northeastern University. html Scott, M. Police Discretion. E How. html Pelovangu, R. Police Culture. Suite Limits to Police Discretion Just as every law environment situation is unique, so too are the police officers that make the decisions concerning how these situations will be resolved.
Some police officers appear to have a natural-born knack for knowing how to amicably resolve even seemingly intractable disputes while others routinely incarcerate their suspects with little or no effort made to determine if alternative dispositions might have been more appropriate. The level of discretion afforded police officers has also been the focus of interest following the terrorist attacks of September 11,and officers on the beat are now expected to be active participants in the war on terrorism as well. In this environment, identifying optimal levels of discretion for police officers who are confronted with an infinite number of different types of threats to their own safety as well as the safety of the general public therefore represents a….
References Weinstein, J. Terry, race, and judicial integrity: The Court and suppression during the war on drugs. By comparison, more proactive, crime-focused, or zero tolerance policing strategies make discretion more difficult to control administratively for several reasons. Specifically, proactive officers generally function more autonomously in choosing where to initiate police action; consequently, they are involved in much higher proportions of serious criminal matters, requiring many more spontaneous opportunities to exercise discretion.
As a general rule, proactive police officers engaged in crime prevention-focused administrative strategies encounter more dangerous situations and also come into contact with more minor crimes in dealing with individuals suspected of involvement in serious crimes. Experience as well as intuition suggests that officers involved police discretion essay the more dangerous pursuit of serious crime are less amenable to administrative control where official policy contradicts what the officer perceives to be a matter of officer safety in the field Klinger Likewise, greater exposure to serious crime naturally increases the officer's tolerance level for less serious crime, and….
Stanford Law Review, Vol. Goldstein Chapter 5: Categorizing and Structuring Discretion. Klinger, D. Criminology, Vol. police discretion in connection with mandatory arrest and domestic violence. What Constitutes Domestic Violence The term 'domestic violence' refers to an abusive behavioral pattern in a domestic relationship, police discretion essay, utilized by a partner for gaining or maintaining control and power over the other intimate partner. It may be emotional, police discretion essay, physical, psychological, or economic threats or actions that one individual in the relationship uses for influencing the other. Domestic violence covers all behaviors that serve to daunt, scare, force, manipulate, sequester, humiliate, blame, threaten, terrorize, wound, hurt, or injure an intimate partner.
Domestic violence incidents may be experienced by any individual irrespective of age, race, age, religion, gender, or sexual orientation. It impacts individuals belonging to all educational categories and socioeconomic backgrounds Domestic Violence -- OVW -- Department of Justice, n. Furthermore, it can occur in same-sex as well as opposite-sex relationships, and may occur with married, dating, or cohabiting couples. References n. Center for Problem-Oriented Policing. Responses to the Problem of Domestic Violence, police discretion essay.
Police Discretion and Dilemmas
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All of this information should be appropriately and thoroughly communicated with police personnel and constant continuing education, communication and training should be in place to control for possible imbalances in the use of police discretion. Though the culture of the department as well as the expectation of the community will likely sway the many issues surrounding police May 07, · Police Discretion Introduction The role of the police is to maintain law and order in the society. This is applied through providing effective criminal justice services such as investigation, arrest and confronting crime in the society. The police are provided with executive powers to confront various crimes in the society Police discretion is one of the most important segments of policing. It is penetrative and essential to the Criminal Justice System. It means the right of the police officers to have their own decisions, the right to put someone under arrest, and to enforce the. 6 Pages Words. Police Police Discretion
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