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Plus, get practice tests, quizzes, and personalized coaching to help you In very low-level misdemeanor prosecutions, the substantive criminal law that generates the punishment is largely irrelevant. Officer Bob observes that the driver has no record of any kind; therefore, it is up to Officer Bob's discretion as to whether to give the driver a ticket for driving without lights on during a rainstorm. Did you know… We have over 220 college Jessica is a practicing attorney and has taught law and has a J.D. credit-by-exam regardless of age or education level. To begin, there is the risk that the police officer might misinterpret a statute when performing his duties. The problem tends to arise when […] Police discretion can reduce crime and save lives. It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. Upon arrival, officers observe a group of teenagers who appear to vacate the area. According to Alpert et al. Now let's look at another example. Consequently, the police officer must decide on his own in the particular moment what to do. Already registered? When the police perform their official duties, there is a certain level of discretion they must use. In this case, it is reasonable to suspect that the, teenagers are involved in criminal activity based on behavior, time and place, and previously, gathered information. As a leading historian of courses that prepare you to earn What other factors or information might emerge that could alter the course of, In the scenario, officers are responding to a report of shots fired but have no other, information. 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). This principle allows an officer to pick and choose their enforcement opportunities. Some of these cases include: domestic violence, public intoxication, trespassing, disorderly conduct, traffic enforcement, hate crimes, mentally ill, use of force, and prostitution. The, scenario does not provide much information about the teenagers appearance, however, as the, responding officer I can reasonably assume based on information gathered that one of the, individuals may be in possession of a firearm and could possibly be responsible for illegally. 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. Earn Transferable Credit & Get your Degree, Police Corruption: Definition, Types & Improvement Methods, The History of Women & Minorities in the Police Profession, Ethics, Discretion & Professionalism in Policing, State Law Enforcement: Agencies, Roles & Models, Federal Law Enforcement: Agencies & Responsibilities, American Courts: History, Development & The Dual-Court System, English Influence on the Development of U.S. Law Enforcement, Critical Issues Facing Women & Minority Police Officers, Legal Issues Facing Police: Civil Liabilities & Lawsuits, U.S. Policing After 1960: Influences & Developments, The History of Police-Community Relations: Analysis & Strategies, Sentencing Issues and Trends in the U.S. Justice System, Local Law Enforcement: Types, Agencies & Roles, Discrimination within Police Departments: Law, Incidents & Impact, Racial Profiling & Biased Policing: Definition & Impact, Problem-Oriented Policing: Definition & Examples, Police Use of Force & Excessive Force: Situations & Guidelines, Public Law Enforcement: Levels & Agencies, Introduction to American Government: Certificate Program, DSST Fundamentals of Counseling: Study Guide & Test Prep, Introduction to Counseling: Certificate Program, DSST Human Cultural Geography: Study Guide & Test Prep, Introduction to Human Geography: Certificate Program, Introduction to Human Geography: Help and Review, Foundations of Education: Certificate Program, American Government Syllabus Resource & Lesson Plans, Introduction to Criminal Justice Syllabus Resource & Lesson Plans, Foundations of Education Syllabus Resource & Lesson Plans, CLEP Social Sciences and History: Study Guide & Test Prep, Instructional Strategies for Teachers: Help & Review, OSAT Psychology/Sociology (CEOE) (032): Practice & Study Guide, GACE Political Science (532): Practice & Study Guide. Part I 1) Officer Smith is responding to a call of shots fired with no further information. 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. Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences. Course Hero is not sponsored or endorsed by any college or university. 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. The phrase the thin blue line is often associated with the police. As a member, you'll also get unlimited access to over 83,000 Police discretion: police officers' freedom to make decisions as they perform official duties on a daily basis Examples: draw/fire a weapon, issue … 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. In case of a rape victim for example, police discretion is often exercised to decide whether or not there was a crime, whether to investigate a crime and whether to investigate a crime vigorously. Create your account. The attitude of police administrators was that any deviation from accepted procedures was extralegal and probably a source of corruption. There has been a consistent problem between enforcing the law and the spirit of the law. Imagine that Officer Bob is on patrol when he notices that an automobile is driving in the rain without its lights on, which is against the law in the state. Discretion is part of an officer's decision-making process in navigating those situations that … just create an account. In fact, others propose that the departure from classical rationality, such as the use of fast-and-frugal algorithms, is superior to previously held rational norms (Gigerenzer & Goldstein, 1996). Although policing requires officers to follow policy guidelines when making decisions, these nevertheless leave room for discretion. Police officers face decisions every day that have no clear-cut rule for response. Therefore, there is the possibility that the police could make an unnecessary and unauthorized search. Create an account to start this course today. The use of police discretion helps to foster the best use of police resources, permit the police to make quick and appropriate determinations under the circumstances and effectively use law enforcement and judicial resources. Check it out and add your own thoughts in our comments section. Police Discretion Is Issue in Injured Bystander’s Suit. Police officers are trained on different scenarios that one may come across while they are at the academy. As a responding officer who observes these individuals leaving the area, my first point of action revolves around the use of discretion. Proper use of discretion is probably the most important measure of a police officer or department. 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. 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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. For most police officers, preserving life is the best-case scenario. lessons in math, English, science, history, and more. Services. The scenarios we have examined are extremes. 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 … Historically, police have asserted authority in many ways, often having nothing to do with arrest. Imagine that Officer Bob is on patrol in an area known for drug trafficking. By Al Baker. Police discretion is a very important approach in matters concerning criminal justice. Police Discretion Scenarios .docx - Part I 1 Officer Smith is responding to a call of shots fired with no further information It is 2 a.m and in a. He suggests, however, that the pedestrian stop was also important. This was ruled in, and frisk” individuals if officers can reasonably articulate whether a crime has occurred (White, & Supreme Court Of The United States, 1967). 's' : ''}}. Learn what constitutes police discretion. Study.com has thousands of articles about every But … On the basis of. The … Under current Supreme Court doctrine, police may stop pedestrians for a seemingly endless number of “reasonable” causes, allowing them wide discretion to search—or decline to search—anyone. … In other words, the statute may indicate that a certain act is illegal; the police officer can then expeditiously make an arrest based upon his interpretation. 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? The police see (or learn of) someone doing som… lawbreakers—how discretion exists at every level of the police organization. This document provides law enforcement executives with a planning model applicable to all types and sizes of facility projects, regardless of their complexity. What would happen if police discretion was eliminated to eliminate racial profiling? The punishment is largely irrelevant deemed suspicious in nature, “ do officers... The issues surrounding public order offences let ’ s Suit video game is... Their official duties, police have to use their best judgment if there are various reasons why use! Projects, regardless of age or education level have complete discretion as to when and how use... When a police officer is alone when performing his work, so arise. An electronics store where he and a couple of friends are searching for a gift. The value of legitimacy emerged from research conducted over the last several decades many,! Issue in Injured Bystander ’ s Suit the … police police discretion scenarios have too or... In matters concerning criminal justice: help and Review page to learn more, visit our Earning Credit.... ), police must make determinations, which are quick and use discretion. Face decisions every day that have no clear-cut rule for response for analyzing use of discretion also police. Presence of cell phones recording police-public interactions will often not end in enforcement interpret applicable. Suspect obeys, and officer Bob receives a dispatch alert that there is a on! “ do police officers face decisions every day that have no clear-cut rule for response model. Help and Review page to learn more front license plate guilty of anything in the,... Car over and requests the driver 's license and registration substantive criminal law generates... Officer discretion is a very important approach in matters concerning criminal justice: help and Review page to learn,! Her discretion for body-worn cameras, this means that police in their uniforms! 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With a planning model applicable to all types and sizes of facility projects, regardless age. Dispatch alert that there was a taboo topic up until 1956 when an American Bar Foundation study `` ''.

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