Police Discretion Essay - 2798 Words

Police Discretion April 20th , 2008 One aspect of the criminal justice system that has been debated for many years is that of police discretion. Police discretion is defined as the ability of a police officer, a prosecutor, a judge, and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. This basically is saying that there are situations when these law enforcement officers have to use their own personal beliefs and make choices coming from their own morals and ethics. The subject of police discretion was discovered in 1956 by the American Bar Foundation and has been an important problem in criminal justice since that time. When it†¦show more content†¦You should be able to know from experience and what you have learned so far to make the correct decisions in situations. The fourth form of discretion is discretion as liberty. This states that Discretion is not where the law ends, nor is it the same as intel lectually deriving principles from rules. Its about permission to act as a free and equal agent, and using that permission in extending the rights and duties of office (under color of law) toward a vision of liberty, inalienable rights, and the kinds of things that no majority, rule, or principle can ever take away (Kleinig 1996). This form appeals more to the rights of people and to being free. This form is trying to say to make decisions keeping in mind that you are a free person and that you are equal to every other human being. The fifth and final form is discretion as license. This form states that Discretion is the opposite of standard expectations. Its the privilege to go against the rules, disobey your superiors, be less than optimal or perfect all the time, all without degenerating the rules or eroding the trust between you, your superiors, or the public. License (not licentiousness) involves a sense of accountability that does not have to be formally recognized or structur al (Kleinig 1996). This form is one that I think is the most confusing for some people but is one that has truth to it. It’s basically stating that police have the privilege to goShow MoreRelatedPolice Discretion1244 Words   |  5 Pagesï » ¿ Police Discretion Jocelyn Golphin University of the District of Columbia Criminal Justice System 2/21/2014 Golphin 2 Police discretion is a very important approach in matters concerning criminal justice. There has been a consistent problem between enforcing the law and the spirit of the law. 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. During trainingRead MorePolice Discretion1050 Words   |  5 PagesPolice Discretion Police discretion is the ability to choose a course of action because of broad limits of power. It refers to the autonomy an officer has in choosing an appropriate course of action (The Police In America, 113). It includes authority to decide which of the various means of helping the helpless, maintaining order, and keeping the peace are best suited to particular circumstances (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretionRead MorePolice Discretion1548 Words   |  7 PagesPolice Discretion David Gonzalez University of Phoenix Introduction to Policing CJA/370 Professor John W. Feltgen June 23, 2005 Abstract In this paper I will discuss police discretion and the use of these discretionary powers in the law enforcement workplace. I will explore the mythical aspects of police discretionary powers and the source of this myth. I will further discuss the control of discretionary authority. I will name instances of law enforcement officials using their discretionary powersRead MorePolice Abuse Of Discretion And Discretion2015 Words   |  9 Pages Police Abuse of Discretion William Powell Jr. American Military University Professor Robert Arruda CMRJ303 Criminology January 17, 2014 Abstract Utilizing the research from several sources and personal experience, this paper will discuss police abuse of discretion. The paper will begin by defining discretion. The paper will examine several types of discretion variables. The paper will discuss its use in the field and office settings. The paper will discussRead MorePolice Discretion1418 Words   |  6 PagesPolice discretion by definition is the power to make decisions of policy and practice. Police have the choice to enforce certain laws and how they will be enforced. 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). Similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. Until 1956, people thought of police discretionRead MoreDefinition Of Discretion And Police Discretion2054 Words   |  9 PagesThe term discretion has several meanings the liberty to decide what should be done in a specific circumstance is one general universal definition. But when dealing with criminal justice and police work the description changes a bit. The criminal justice definition of discretion is Police discretion discusses the authority given to a police officer that allows him or her to decide how to best handle a certain situation. This is designed at increasing the flexibility of the criminal justice systemRead MorePolice Discretion2131 Words   |  9 PagesDiscretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as â€Å"the capacity to identify and to document criminal and noncriminal events† (Boivin ump; Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discre tion leads to selective enforcementRead MorePolice Discretion2677 Words   |  11 PagesFrom a criminological perspective discretion can be defined as the authority granted by law to agencies and officials to act on their own considered judgement and conscience in certain situations; and each area of the legal system (judges, parliament and law enforcement) has its own discretion. Police discretion is the ability granted by the legal system to police offices, in certain situations, to act in a manner that allows authorities to make responsible decisions and individual choices or judgmentsRead MoreEssay on Police Discretion1425 Words   |  6 PagesPolice Discretion Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion thanRead MoreDisadvantages Of Police Discretion835 Words   |  4 PagesAssignment 2 Discretion can be defined as the availability of choice of options or actions. We all use discretion each and every day with all the decisions we make in our day to day lives. With that being said police also use discretion but theirs have the ability to change people’s lives on the daily basis. They have to make those decisions each and every day not knowing how it will affect the person’s life. Discretion is something that is a very necessary part of police work. One of the reason