Found inside – Page 405Examples of police discretion include issuing a speeding ticket, resolving a domestic dispute, handling an encounter with a mentally ill person in crisis, ... Within situational factors come many different forms. Police officers have a great amount of discretion. Goldstein argues that police departments need to This has brought about the discussion of improving police effectiveness by introducing innovations that may assist the police in carrying out their work. The Act has profoundly regulated police discretion. A police officer’s discretion not to arrest represents the triumph of common sense over the excesses and ‘unwisdom’ of legislators. A police officer working the street would be like a dog chasing its tail if that officer strictly enforced every violation observed to the “letter of the law.” Furthermore, that officer probably wouldn’t have time to answer calls for service. Let's look as some examples to get a better understanding of discretion. Two examples of abusing police discretion are when racial profiling is used to arrest or make a case, and when there is a set policy within the department but the officers on the street make decisions that are not consistent with this policy. Our essay writers are graduates with diplomas, bachelor's, masters, Ph.D., and doctorate degrees in various subjects. Found inside – Page 86One of the most common examples of a police failure to arrest is where the police ... Immunity Doctrine, and (c) the Ministerial/Discretionary Function. Police Officers’ Decision Making and Discretion: Forming Suspicion and Making a Stop Abstract Most police activity occurs in private, away from the public=s view. Instances where discretion is practiced “normally” domestic disturbance gambling minor misdemeanors use of force traffic enforcement provision of service homeless The discretion myth Full enforcement of the law Reasons for The Myth Legality criminal code written such that police are given the authority to make arrests - there are no 1. Police officers are allowed too much discretion; however discretion is a necessary element of policing because it is “a vital element of contemporary American policing, not to mention the entire criminal justice system (pg.420).” 2. Yes I do see problems with the use-of-force continuum. Found inside – Page 185Examples. of. discretionary. practice. in. criminal. justice. agencies. ▫ Police service – street-level discretion by individual police officers happens at ... Curbing corruption among the police … Officers working in high crime neighborhoods are more likely to fire their weapon and exercise their use force. Discretion is defined as an official action by a criminal justice official based on that individual’s judgment about the best course of action. Race, ethnicity, and gender of the citizen also has evidence support that there are arrest made based on this. Found inside – Page 13Regulation and Discretion in a Time of Change Geoff Pearson, Mike Rowe. ethnographic research with police forces across the globe, and for good reason. 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. Davis, “a police officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction” (Davis 1969, p. 4). Zimmerman Case For the second case of discretion I would like to bring up a huge case that recently changed many peoples’ lives, it has many points of view but at the end it’s a great example of the misuse of the word discretion. Proper use of discretion is probably the most important measure of a police officer or department. Found inside – Page 421Let me point out that I am not saying we should do away with discretion . ... Discretion and Informants In the preceding I have given some examples ... Many people believe that different kinds of officers will act differently on the street. The client can upload extra material and include additional instructions from the lecturer. The police officers have to make the decisions in … Though bound by some constraints, police officers are free to decide whether to give tickets or arrests people and when they can issue warnings provided the alternative chosen is the most effective for the protection of the public. Jim Treebold. Are you interested in getting a customized paper? Without discretion the police, and indeed the whole criminal justice system, would become overwhelmed with cases, resulting in public displeasure (McLaughlin, 2009). Views. But too much discretion can be dangerous — it … The police are more likely to make an arrest in situations where the evidence of the crime is strong. Ferguson Racial Profiling. An example would be with high speed pursuits. the exercise of police discretion. One example of a situation in which police can exercise discretion in issuing traffic tickets and conducting arrests. The following General Instructions for the different ranks of the Police Force are not to be understood as containing rules of conduct applicable to every variety of circumstances that may occur in the performance of their duty; something must necessarily be left to the intelligence and discretion of individuals; and according to the degree in which they show themselves possessed … Citizens are also the ones in charge of their victimization levels depending upon their daily routines in and out of the households and the precaution levels they take. 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. As a Police Captain, I make very few traffic stops. You can contact our live agent on WhatsApp! Bob is traveling at 75 miles per hour. 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. This was the case where in the search and seizure of a person was based on the suspicions of Terry when he saw the suspects walk back and forth the same road and peeking a store window. Bill Lee Jar. Found inside – Page 188an introduction Samuel Walker. J CHAPTER POLICE DISCRETION EXAMPLES OF DISCRETION Police officers routinely make. The minimum requirement to be an essay writer with our essay writing service is to have a college diploma. Retrieved from https://graduateway.com/police-and-discretion/, Paper on the Internal and External Mechanisms That Control Police Discretion, Police Corruption: An Analytical Look into Police Ethics, Police Corruption and Police Deviant Behavior in America, Police Harrassment Research Paper Police HarassmentThesis, Give examples of how discretion permeates every phase of the criminal justice system. This could also result in suspension, leave, expulsion, or termination depending on how serious the matter is. The immediate work environment also influences police discretion. Including characteristics of the victim. 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. Discretion is the power to decide what to do in a particular situation, usually choosing between two or more choices. 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. Check Writing Quality. However, most discretions can be dictated by the judiciary systems and expectations by the community. The paper is sent to your email and uploaded to your personal account. They could be positive influences, allowing an officer to be more successful and effective. Found inside – Page 102Discretionary decision-making in context Across all of the police detention facilities in the research, there were plenty of examples of staff acting in ... 1466 Words. You can get professional academic help from our service at affordable rates. Typically a sergeant signs off on all arrests; therefore incorporating supervision into play. And as stated throughout, there are many factors that could influence an officer’s ability to exercise their discretion. Found inside – Page 136Here, too, the oxymoron thesis is unsatisfactory, for police officers aren't ... Some of these examples raise discretionary issues appropriately resolved in ... Found inside – Page 532... for example, Richardson v Chief Constable of West Midlands Police [2011] EWHC 773 (QB), below). The issue is not about discretion, it is about whether ... You communicate with the writer and know about the progress of the paper. The policies set out by departments must be followed, and even if the officer has a hunch or strong belief that they can pursue something, if in a policy it states otherwise than they cannot follow through with it. Other diverse approaches include problem-oriented policing interventions which can show the evidence of effectiveness in a place-based, specific and proactive type of policing. Inevitably, the police must use some discretion in carrying out their job. Though bound by some constraints, police officers are free to decide whether to give tickets or arrests people and when they can issue warnings provided the alternative chosen is the most effective for the protection of the public. Two examples of abusing police discretion are when racial profiling is used to arrest or make a case, and when there is a set policy within the department but the officers on the street make decisions that are not consistent with this policy. Aside from limitations, there are also many factors that can influence patrol officer discretion. The patrol officer at the bottom of the hierarchy has more discretion than those further up the hierarchy. For example, Lord Scarman's report Police officers are trained on different scenarios that one may come across while they are at the academy. Though they have the power to use discretion they must also adhere to the proper regulations and do everything by the book. One example of exercising officer discretion which comes to mind comes to mind occurred about a year ago. Let us write you an essay from scratch. If you’d like this or any other sample, we’ll happily email it to you. However, if the people of the community do not agree with how the officers are carrying out their work, they will not see the need to follow the law as it is a two-way transaction of respect between them and the officers. Receive a paper. Found inside – Page 336where the administrative discretion begins. However, depending upon the ... for example, to make a decision. In such cases it had no discretion. ... "We note only two examples: the exercise of police powers and of disciplinary powers. So if an officer was to participate in such activities he or she could have to potentially worry about another officer reporting them for it. We’ve got you covered. This can be further described by when a department has a peer officer culture that does not tolerate pushing around anyone for any reason in any circumstance. By clicking “Send”, you agree to our Terms of service and Privacy statement. Just talk to our smart assistant Amy and she'll connect you with the best 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. This has led to overcrowding in some prisons forcing the state to invest more revenue in the system. These factors include situational factors, organizational factors, and social and political factors. Found inside – Page 31Limiting behaviors also can be mapped onto the mandatory-discretionary ... For example, the police have discretion over their use of deadly force. [5] The victim, has the discretion to use self defense and to report the crime given the opportunity. Discretion has both positive and negative outcomes. Persuasive Essay Against Police Brutality In America Essay, Police Reform: Diversity, Education, And Structure Essay, Assessment of the Need for Cultural Competency Training for Police Officers Essay, Critique of Police Presentational Strategies on Twitter in Canada Essay, The Importance and Main Methods of Upholding Optimistic Police and Community Associations Essay, Criminal Justice and the Media Biases and Misrepresentations Essay, The Social Desire For Legitimate Policing Essay, Contemporary Issues In New Zealand Police Organisation Essay. Crimes committed around learning institutions may be taken with much seriousness compared to other regions seeing that it is around students. This discretion in traffic can be found within the legislation and involves matters of compliance to the speed limits which in relation to human behaviors makes this very difficult for drivers to adhere to. Found inside – Page 101In the examples cited above , managers may choose to discipline for the underlying misconduct - failing to complete a ... The issue for police managers is whether they have management discretion and whether there is any punishment ... Found inside – Page 176Although police discretion is encouraged within the overall philosophy of Community ... including the following examples : • Profile of the juvenile . Interventions which can show the evidence of effectiveness in a particular situation, usually choosing two! Arrest made based on this and save 15 % with the writer and know about the of! Important measure of a situation in which police can exercise discretion in traffic. 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