During training, […] No matter which way you personally feel about the subject, the police must be sure not to cross the 'thin blue line' when it comes to utilizing police discretion. A 'thin blue line' also exists with police discretion. Conversely, critics of police discretion argue that such discretion can result in the misinterpretation of statutes and the abuse of the Fourth Amendment right to be free from unreasonable searches. 's' : ''}}. Police officers have the discretion to examine if there are elements of hate crimes. Verbal and passive challenges however, will result in the officer taking enforcement action. Upon completion of this lesson, students should be able to: To unlock this lesson you must be a Study.com Member. The presence of cell phones recording police-public interactions will often not end in enforcement. Police Facilities Planning Guidelines. discretion.12 Despite this lack of scientific consensus about how problematic exercises of police discretion such as racial profiling are best deterred, recent years have witnessed two major policy efforts to steer police discretion in particular ways. courses that prepare you to earn Instead, a conviction is the near-certain result of the arrest, and the punishment is the process of criminal arrest, pretrial detention, and adjudication.17×17. Excessive discretion runs counter to criminal justice goals Inevitably, the police must use some discretion in carrying out their job. … Consequently, the police officer must decide on his own in the particular moment what to do. See Feeley, supra note 9, at 199; Bowers, supra note 10, at 86; Bowers, supra note 6, at 1119; Natapoff, supra note 4, at 1328; Stuntz, supranote 11, at 2568. Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, Watchman, Legalistic & Service Policing Styles, Police Management & Police Department Organization, Police Intelligence, Interrogations & Miranda Warnings, Custodial Interrogation: Definition & Cases, Deterrence in Criminology: Definition & Theory, Differential Response: Definition & Model, Excessive Force: Definition, Cases & Statistics, Inevitable Discovery: Rule, Doctrine & Exception, Interrogation: Definition, Techniques & Types, Latent Fingerprint: Analysis, Development & Techniques, Police Patrol: Operations, Procedures & Techniques, Preliminary Investigation: Definition, Steps, Analysis & Example, Preventive Patrol: Definition, Study & Experiment, What is a Police Welfare Check? Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences. Check it out and add your own thoughts in our comments section. He uses his own discretion to make this decision. Anyone can earn The … Services. (250-300 words). Working Scholars® Bringing Tuition-Free College to the Community, whether to issue a traffic ticket or other violation, Examples: draw/fire a weapon, issue a traffic ticket, make an arrest, search someone, stop/assist a person, Pros: offers flexibility; gives officers the ability to make decisions quickly without consulting courts or other officers, Cons: officers may make bad decisions, potentially making erroneous arrests or violating someone's Fourth Amendment rights, Recall examples of decisions that involve police discretion, Discuss the pros and cons of police discretion. The attitude of police administrators was that any deviation from accepted procedures was extralegal and probably a source of corruption. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a … Police officers face decisions every day that have no clear-cut rule for response. {{courseNav.course.topics.length}} chapters | 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. Crimes that involves individual that are mentally ill – Police officers can make the decision not to charge a person who is mentally ill after committing a crime because … Furthermore, the use of discretion helps to foster police and judicial economy. He suggests, however, that the pedestrian stop was also important. When police are dealing with members of minority communities they are likely to extend discretion 65% of the time. As a leading historian of This principle allows an officer to pick and choose their enforcement opportunities. Visit the Intro to Criminal Justice: Help and Review page to learn more. and career path that can help you find the school that's right for you. seminar “provided the forum for [police discretion] to be fully ventilated in New South Wales for the first time”.4 Scholars of policing have pointed out, however, that police work by its very nature is discretionary in the sense that it involves the exercise of choice or judgement. The Virginian-Pilot | Oct 27, 2013 at 12:00 AM . The scenarios we have examined are extremes. Study.com has thousands of articles about every Running head: POLICE DISCRETION Police Discretion CJA/342 University Of Phoenix Police Discretion Police discretion is an important tool in police work due to the law sometimes being too vague or ambiguous. flashcard set{{course.flashcardSetCoun > 1 ? As a responding officer who observes these individuals leaving the area, my first point of action revolves around the use of discretion. Furthermore, the individuals within an institution must have lawful authority to make the decisions and must operate under the constraints acceptable to others within the organization or profession. As, the officer, my initial judgement consists of gaining as much information as possible whether it. The laws don’t go over the full characteristics, consequently there are contentiously new laws and laws being transformed, permit the police officers to use their own discretion. The suspect obeys, and Officer Bob makes an arrest. Plus, get practice tests, quizzes, and personalized coaching to help you Additionally, there are those who argue that the use of police discretion can potentially result in a violation of one's Fourth Amendment rights. This influence on the decision-making process reflects the idea that in many cases, decisions are guided by factors that depart from the traditional rational path expected of the decision-making process (Kahneman & Tversky, 1982). On the basis of. Although policing requires officers to follow policy guidelines when making decisions, these nevertheless leave room for discretion. To explain some of the issues surrounding public order offences let’s consider this scenario. Fourth Amendment to the United States Constitution, Gender: A Useful Category of Historical Analysis. In very low-level misdemeanor prosecutions, the substantive criminal law that generates the punishment is largely irrelevant.
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