police discretion essay

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. As they carry out their discretions towards minor offenses, more and more people are getting convicted and getting jail time.     There's a difference between the ministration and administration of justice. In cases where the law may be clear, it might be more... StudyMode - Premium and Free Essays, Term Papers & Book Notes. There are also situations in which the law is unclear and the police officer will disregard the different interpretations of the law and utilize his or her discretion in arriving at a decision (Rivera, 2006). The law simply does NOT cover every situation that a police officer encounters in the field. We can custom edit this essay into an original, 100% plagiarism free essay. Why Police discretion is Necessary Introduction The issue of police discretion continues to draw interest in the justice system. Citizens complain about how officers harass them at times for petty offenses simply because one is of a particular race, gender or even age. If you’d like this or any other sample, we’ll happily email it to you. Discretion is defined as an official action by a criminal justice official based on that individual’s judgment about the best course of action. Newer policies, however, want to implement so that the police may get additional power and use discretion less frequently which might reduce harm. To export a reference to this article please select a referencing style below: Sorry, copying is not allowed on our website. We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. Are you interested in getting a customized paper? I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. That would neither be good nor fair. Officers realize they are constantly in the public eye and every move they make is watched by someone. Racial profiling occurs when a police officer uses a... ...POLICE DISCRETION It is not compulsory that police officers enforce the law equally in every situation. 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. In such situation, the officer can either mediate a peaceful agreement, can suggest counseling or if this... ... Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. The proceedings are also not necessarily certain and may take up some time in court. 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. 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. Discretion is seen as the most essential element of policing, yet discretion is also the source of many problems. All police officer’s use discretion in every situation they encounter. Please join StudyMode to read the full document. However, the situations presented are not exact and the police come face to face with more riveting situations that demand their personal choices. For my essay, I will discuss police discretion instances during traffic violation acts. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. That would neither be good nor fair. 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. Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. 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. The use of discretion in law enforcement is when the officer is given the latitude or freedom to decide what direction they chose to take when interacting with the public, they choose if a traffic stop will take place or if a person should be Police discretion essays >>> click to continue Developmental biology thesis My favourite writer essay in hindi forward to course in autobiography quoting from essay doesnt because her own favourite animal the essays according to read webdunia hindi language, college application essay classifieds to partners. 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. If discretion implies a lack of control – that is, the freedom to choose from among available alternatives completely... ...Police Discretion Should Be Enhanced GradesFixer. 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 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). Police discretion is the freedom given to police officers to decide or make decisions related to the performance of their duties. 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). 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. Police Discretion Discretion is defined by the Merriam-Webster Dictionary as “the ability to make responsible decisions, individual choice or judgment, power of free decision or latitude of choice within certain legal bounds.” In law enforcement discretion is … Noticias sobre cultura urbana, música y entretenimiento, tus artistas favoritos, las canciones de moda, videos e imágenes de los mejores momentos de la música y sus personajes In this way allows the active person environment psychology: Models and methods p. New york: Basic books. Discretion is often one of the most critical aspects of a police officer’s daily duties. Define discretion: the communities they serve as the right to schools. 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. This is a modified definition of what Kenneth Culp Davis actually said was "free to make choices". Criminal Justice System Discretion, however, comes with a few mishaps during the line of work. This essay has been submitted by a student. Golphin 2 We will occasionally send you account related emails. Discretion... ...Police discretion by definition is the power to make decisions of policy and practice. 2020 © gradesfixer.com. After cars, police discretion became a recurring constitutional issue under the Fourth Amendment. Some of the police strategies need to be evaluated, and some include preventive patrol, emergency response, crime investigation, problem-solving and routine incident responses. Home — Essay Samples — Government — Police — The Police Discretion. 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. Show More. “The exercise of police discretion to stop, search, arrest or charge suspects is now regarded as inevitable and not necessarily improper, given the limits of police resources, variations in the seriousness of offending behaviours and the inappropriateness of criminal law for dealing with some situations of conflict and disorder” (Bergen, 2005, p. 127). Due process is the constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of liberty, life, or property (Pollock, 2010). 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 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. 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. 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. Discretion has both positive and negative outcomes. Until 1956, people thought of police discretion as "taboo". You can order Unique paper and our professionals Rewrite it for you. It was rampant and has great importance in the criminal justice. 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. Police discretion essay - Why be concerned about the assignment? "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). In a domestic disturbance, the police officer has to use his discretion based upon the situation before him. apply for the necessary assistance on the website Learn everything you need to know about custom writing Use this platform to order your valid review handled on time There has been a consistent problem between enforcing the law and the spirit of the law. 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. Any final comments on the police use of discretion (concluding comments on the practice). 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 Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. It is up to the police officer to use their training, experience and judgment on how to enforce the law. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. These decisions are concluded through copious reasons such an officer’s experience or through their own individual backgrounds. 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 … Essay on Police Discretion. Essay Police Discretion For The Police Officers. Discretion, uncertainty, and inefficiency are rampant and essential in criminal justice. 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. With using discretion is defined the ability to handle crime and punishment as it is seen by many be... 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