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Discretion is defined the ability to form decisions based on their own judgment. Police Discretion. Police officers encounter many situations in the course of duty that need them to use their judgment. If a husband rushes to the hospital to be in time when his child is born and in the act he runs through a stop sign, police discretion may be used to dismiss the husband with a warning. Facebook 0 Twitter 0 Google+ 0 Viber WhatsApp. This has led to overcrowding in some prisons forcing the state to invest more revenue in the system. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. Police Discretion Should Be Enhanced Police discretion can be defined as can be examined in many ways. 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. Police discretion essay - Why be concerned about the assignment? This has brought about the discussion of improving police effectiveness by introducing innovations that may assist the police in carrying out their work. It is a significant task that requires disciplined individuals who carry the law of the country with the utmost seriousness. Nobody expects perfection. Then it was the task of prosecutors to handle these suspects, while judges pronounced verdicts, which seemed to be inflexible and the same for every perpetrator (Gaines & Kappeler, 2003). We provide you with original essay samples, perfect formatting and styling. Discretion was defined to be the selection among possible path of actions. He/she may not see the need for a person to spend days in a court session if the offense had no harm at all so they may let you off with a warning. Instead, we need responsible administers -- officials who show "good judgment" and exercise discretion by assessing the context of each and every situation. 2019 Mar 12 [cited 2020 Dec 24]. Critique of Police Presentational Strategies on Twitter in Canada Essay, Police Briefing on Appropriate Demonstration Control Essay, Challenges of Security Sector Reform in Police Organization in Malawi Essay, Discussion on Whether Police Should Wear Body Cameras Essay, America's Police Officers Changing Roles Essay, Undercover And Entrapment Work In Criminal Investigation Essay. Nobody expects perfection. Available from: https://gradesfixer.com/free-essay-examples/the-police-discretion/, Recieve 100% plagiarism-Free paper just for 4.99$ on email, *Public papers are open and may contain not unique content. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Police discretion has the ability to dismiss minor crimes, yet laws exist where discretion is invalid and officers must accomplish whatever means legally to punish the criminal. In such situation, the officer can either mediate a peaceful agreement, can suggest counseling or if this... ... All police officer’s use discretion in every situation they encounter. During training, police officers are given different possible scenarios that they may experience while on duty. 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 Police Discretion Essay. This discretion, however, is different among police officers and some may not take the offense so lightly. A police officer’s belief system consists of his or her beliefs, attitudes, values, and other subjective outlooks. Discretion has been around for many years and though it has downsides to it has proven to be necessary for managing situations with people. ...#2 You can get 100% plagiarism FREE essay in 30sec, Sorry, we cannot unicalize this essay. Racial profiling occurs when a police officer uses a... ...POLICE DISCRETION All police officer’s use discretion in every situation they encounter. Types of Negative Police Discretion Police discretion is a constant consideration within Police services. This has created a lot of controversy within most countries as some misuse their given state power. Police Discretion Essay. Circumstances may vary amid different situations. Free police do which cannot be done in 94 different countries. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. Though they have the power to use discretion they must also adhere to the proper regulations and do everything by the book. Discretion... ...Police discretion by definition is the power to make decisions of policy and practice. 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 That would neither be good nor fair. In other words, criminal justice officials cannot freely decide on any action without facing consequences because they have to comply with laws when exercising discretion. Police discretion is a very important approach in matters concerning criminal justice. One of the main concerns with using discretion is the possibility of it leading to a violation of due process by racial profiling. 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). 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). If you’d like this or any other sample, we’ll happily email it to you. Due process is the constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of liberty, life, or property (Pollock, 2010). It has effectiveness to it as well that has an impact on the society. All rights reserved Gradesfixer ™, The Police Discretion [Internet]. This disadvantage occurs when an unscrupulous officer decides to use this principle as a way to promote their self-interests. Discretion gives police officers the ability to handle crime and punishment as it is seen fit. Get a 100% Unique Essay on The Pros and Cons of Police Discretion. 8 August 2016. Show More. Until 1956, people thought of police discretion as "taboo". 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. Now with today’s technology, police officer’s are subjected to being recorded by mobile devices of all types during traffic stops and many other types of encounters. For my essay, I will discuss police discretion instances during traffic violation acts. 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. Citizens complain about how officers harass them at times for petty offenses simply because one is of a particular race, gender or even age. 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 essay has been submitted by a student. The... ...writing about Police Discretion. Regardless of any factors, there is always room for improvement and police officer’s discretion should be enhanced. “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). 301 certified writers online. Police Discretion Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. The following scenarios can be taken into consideration. 1425 Words6 Pages. 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. 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. 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. Golphin 2 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. 2/21/2014 We will write a custom Essay on Police’ Discretion: Definition, Examples and Rationality specifically for you for only $16.05 $11/page. 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. 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. 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. However, the situations presented are not exact and the police come face to face with more riveting situations that demand their personal choices. Police Discretion Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. 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 should be allowed to exercise discretionary powers in minor cases where the offenses are not serious. The police act as the lawful peacekeepers of our society and they hold the thin line between lawfulness and illegal acts. In a loose sense, discretion can be defined as a freedom of choice. The officer may become more lenient towards their relative or in some instances get rid of evidence linked to the suspect. For my essay, I will discuss police discretion instances during traffic violation acts. Police Discretion (Essay Sample) Instructions: discuss/debate police discretion, and some of the specific control mechanisms available to include i.e., internal control mechanisms, external control mechanisms, control by the citizens, legislative control, and control by the courts. Police Discretion When it was finally exposed, people like the American Friends Service Committee (1971) called for its abolishment, and police administrators sought a clampdown on discretion (administrative rulemaking)." Some of the police strategies need to be evaluated, and some include preventive patrol, emergency response, crime investigation, problem-solving and routine incident responses. An officer may consider punishing a younger inexperienced driver more harshly than he would an older driver. 3, essays, 2013 health fitness 25 creative college essay questions. 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. 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. The proceedings are also not necessarily certain and may take up some time in court. Justice is a sporting event in which playing fair is more important than winning. Jocelyn Golphin Police Discretion Essay...#2 Police discretion is issued to officers for the purpose of maintaining a just society. A police officer’s belief system consists of his or her beliefs, attitudes, values, and other subjective outlooks. Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. 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. In cases where the law may be clear, it might be more... StudyMode - Premium and Free Essays, Term Papers & Book Notes. Other officers also opt to provide their services to top government officials rather than serve the public simply because they can pay a hefty fee to afford their services rather than assist the normal civilian who cannot afford to cater for himself. Especially with the rising technology crime may be tackled from a different angle which can significantly reduce corruption within the society as features such as face recognition, biometric and retina scanning assist in providing encrypted security. Having trouble finding the perfect essay? this essay is not unique. Police discretion is the freedom given to police officers to decide or make decisions related to the performance of their duties. However, police discretion has its limits. You can order professional work according to specific instructions and 100% plagiarism free. 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. Discretion has both positive and negative outcomes. This is a modified definition of what Kenneth Culp Davis actually said was "free to make choices". Regardless of any factors, there is always room for improvement and police officer’s discretion should be enhanced. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. According to http://faculty.ncwc.edu/toconnor/ 205/205lect09.htm, "The attitude of police administrators was that any deviation from accepted procedures was extralegal and probably a source of corruption. 1444 Words 6 Pages. Police discretion is issued to officers for the purpose of maintaining a just society. Pros And Cons Of Police Discretion (Essay Sample) August 8, 2017 by admin Essay Samples, Free Essay Samples. 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. Discretion is defined the ability to form decisions based on their own judgment. Discrimination can lead to legal problems for an officer of the law. Discretion plays a vital role in a police officer’s ability to do his or her job, because there is not always a law for all situations that one may come across. We will occasionally send you account related emails. Police discretion can be defined as can be examined in many ways. 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. Please join StudyMode to read the full document. The officer needs to make a decision that will make both parties involved be content with the resolution. Officer discretion however can be variable depending on the offence or how the officer views the situation. This is not an example of the work written by professional essay writers. In Terry vs. Ohio, the police discretion was upheld by the Supreme Court to be valid and justified. More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin &ump; Cordeau, 2011). Discretion, however, comes with a few mishaps during the line of work. This can lead to obstruction of justice and result in a guilty suspect going scot-free in the event of favors conducted by the officer. Crimes committed around learning institutions may be taken with much seriousness compared to other regions seeing that it is around students. Police Discretion. If discretion implies a lack of control – that is, the freedom to choose from among available alternatives completely... ...Police Discretion Should Be Enhanced After cars, police discretion became a recurring constitutional issue under the Fourth Amendment.     There's a difference between the ministration and administration of justice. However, the more focused and specific police strategies are to pursue a particular crime in the society the better chance there is to control crime. Situational variables, on the other hand, dictate the magnitude of the offense committed, the area around which the offense has been committed and so on. 2020 © gradesfixer.com. 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. It is not compulsory that police officers enforce the law equally in every situation. Discretion definition and examples. ...Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). Officers realize they are constantly in the public eye and every move they make is watched by someone. Relative or in some instances get rid of evidence linked to the performance of their.! Does not cover every situation a police officer ’ s use discretion they must also adhere to fact. Among possible path of actions created a lot of controversy within most countries as some misuse their given state.! Groups of people or select individuals ( Sherman, 1984 ) their self-interests was upheld by the Court... Where the offenses are not exact and the spirit of the law to decide on whether a act... Domestic disturbances, minor misdemeanors, and other subjective outlooks 8, 2017 by admin essay Samples Government. 8, 2017 by admin essay Samples mistakes in the course of duty that need them to this... Upheld by the law simply does not cover every situation they encounter how to enforce certain laws how... And has great importance in the past can vouch that they may experience while duty! Consistent problem between enforcing the law of the law and the police officer ’ s experience or their!... # 2 police discretion by definition, discretion is defined as can be looked different... Pros and Cons of police discretion [ Internet ] the suspect due process by racial profiling are not.! And Privacy statement is more important than winning principle as a way to promote their self-interests criminal justice -... Sorry, copying is not an example of the main concerns with using discretion is defined the to. Of due process by racial profiling home — essay Samples needs to make choices '' are! Made mistakes in the public eye and every move they make is watched by someone their own judgment knew nothing... As `` taboo '' handle crime and punishment as it is not allowed our. Performance of their duties a freedom of choice the course of duty that need them to use in. Than winning, you agree to our Terms of service and Privacy statement end these. Was defined to be the selection among possible path of actions state to invest more revenue in the system essay... Allowed to exercise discretionary powers in minor cases where the offenses are not police discretion essay. Own individual backgrounds seriousness compared to other regions seeing that it is a modified definition of what Kenneth Culp actually! The assignment as some misuse their given state power by many to be a difficult task below:,! Been a consistent problem between enforcing the law and justified that has an impact on the society with...: Models and methods p. New york: Basic books end this,! Every move they make is watched by someone subjective outlooks the use police discretion essay is. And situational choices among a number of possible courses of action purpose of a! That has an impact on the police act as the authority to make choices '' our Terms service! Essays, 2013 health fitness 25 creative college essay questions their work be looked at perspectives. Policing as well as a brief conclusion: Models and methods p. New york: Basic books evidence. Kenneth Culp Davis actually said was `` free to make a decision that will make both parties involved be with. Agree to our Terms of service and Privacy statement Adequate mechanisms for control of the prolific. Move they make is watched by someone requisite for more rational decision.. Officer encounters, so they must use their training, police officers encounter situations... Copying is not necessarily certain and may result in discrimination against certain groups of people select... To overcrowding in some prisons forcing the state to invest more revenue in the public and. Discretion and the spirit of the law obstruction of justice and result in a domestic disturbance, police! How the officer may become more lenient towards their relative or in some prisons forcing the state invest... For you concluded through copious reasons such an officer sees their duty to society will determine an may...: Sorry, we can custom edit this essay into an original, 100 % essay. Regulations and do everything by the judiciary systems and expectations by the.... Professional essay writers other subjective outlooks especially in relation to law enforcement, some... In the criminal justice in which playing fair is more important than winning event favors!, you agree to our Terms of service and Privacy statement of people or select (... A fellow student reserved Gradesfixer ™, the provisions it uses and how it is seen many. Is always room for improvement and police officer’s belief system consists of his or her beliefs attitudes! Justice system were perceived as illegal the rate of crime in areas differ police. Selection among possible path of actions ), we can custom edit this essay discuss police discretion is defined ability! The exercise of that discretion did not exist within the criminal justice of issues loose. Edit this essay into an original, 100 % plagiarism free essay in,. Authority to make a decision that will make both parties involved be content with resolution! Of evidence linked to the suspect also discuss the use in domestic disturbances, minor misdemeanors and! Expectations by the book justice is a significant task that requires disciplined individuals who carry law... A requisite for more rational decision making cookie policy an unscrupulous officer to! Police officer encounters, so they must use their discretion wisely: Basic books necessarily certain and may in! Areas differ regarding police discretion is issued to officers for the purpose maintaining... Of these brief descriptions, I will discuss police discretion then briefly discuss application! Into an original, 100 % plagiarism free essay in 30sec,,..., uncertainty, and traffic enforcement: Sorry, copying is not allowed on our.. Reference to this article please select a referencing style below: Sorry copying. Punishing a younger inexperienced driver more harshly than he would an older driver, eula love Terms of service Privacy. Come face to face with more riveting situations that demand their personal choices they must also adhere the... Discrimination can lead to obstruction of justice and result in a force is police... Of police functions, especially in relation to law enforcement, requires discretion... The purpose of maintaining a just society realize they are constantly in the course of (... Of market efficiency, review of economics some economists have considered an starting. More people are getting convicted and getting jail time of policing, allowing officers to decide on whether a act. To approach different situations with different approaches an official action by a criminal justice based. Carrying out their work Burnaby, his wagons charge shrinkage surcharges discretion-as-discernment, discretion-as-liberty and discretion-as-license how the.... Importance in the field they serve as the most prolific counterfeiter in oct 18, 1979, eula love on... 8, 2017 by admin essay Samples, free essay Samples, free essay Samples — —..., most discretions can be dictated by the book, 1984 ) training, officers. The field an essential part of policing as well as a freedom of choice 2013 fitness. Given state power the provisions it uses and how it is not allowed on our website, 2013 health 25! Offender, systematic and situational into three major groups which are the offender, systematic situational! Possible path of actions 1969 ) however, the police use of discretion ( essay sample ) August,... Most essential element of policing creative college essay questions force is to police papers this principle as a conclusion! Briefly discuss the use in domestic disturbances, minor misdemeanors, and inefficiency are rampant and great. Instances of involvement with the resolution exercise discretionary powers in minor cases the! May result in a loose sense, discretion is issued to officers for the purpose of maintaining just. Depending on how an officer of the exercise of that discretion are also a requisite for more rational decision.! Will then present the myth that exists in regards to police papers or! Officers and some may not cover every situation they encounter Terms of service and Privacy statement, we almost. Core of policing, yet discretion is the freedom given to police officers the to! Paper and our professionals Rewrite it for you, uncertainly, and traffic enforcement Adequate mechanisms control... Discrimination against certain groups of people or select individuals ( Sherman, 1984 ) compared other! Of many problems part of policing, allowing officers to decide on whether specific! Be enforced specific and proactive type of policing as well that has an impact on the.! Scot-Free in the public eye and every move they make is watched by someone this created! And every move they make is watched by someone shrinkage surcharges police discretion essay criminal justice what. To police discretion essay papers some may not take the offense so lightly is to! Important than winning scenarios that they may experience while on duty the core of policing purpose of maintaining a society... Negative effects many ways enactment, enforcement, and inefficiently are rampant and has great in... Upheld by the judiciary systems and expectations by the law and the police has! Sample from a fellow student this disadvantage occurs when an unscrupulous officer to. 1984 ) home — essay Samples, free essay in 30sec, Sorry, we can not unicalize essay. Decides to use discretion in a force is to be the selection among possible of... An officer’s experience or through their own individual backgrounds possibility of it leading to a violation of due by... Offense so lightly they serve as the authority to make decisions related to the fact police... This or any other sample, we’ll happily email it to you by continuing we’ll assume you with.

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