Police Discretion Analysis

Improved Essays
Police is discretion is an essential part of the law enforcement agent, discretion allows officers to make judgment calls on scene. Officer use their common sense, training, tactical expertise, knowledge of the law, and situational awareness to make and appropriate and informed decision based on the current scenario. At time the calls are bad, and that’s part of the job; other times their bad because it’s a corrupt individual making that call. For the most part however, officer exercise discretion in a positive and professional manner. What is discretion? Walker and Kat define discretion as “an official action by a criminal justice official based on that individual’s judgment about the best course of action.” (Walker & Katz, 2012, p. 351) …show more content…
Wilson accurately states that “discretion increases as one moves down the organizational hierarchy.” True enough, the “street-level bureaucrats” (p. 352) as patrol officers have come to be known exercise the greatest amount of discretion in their performance of their duties. For example, in cities where a curfew for juveniles is in effect, an officer who sends a group of teenagers home from the park after hours instead of citing or arresting them is exercising positive discretion within the scope of his duties. (Walker & Katz, 2012) Inversely, officers who abuse their discretionary powers often exercise discrimination, deny citizens their due process rights, systematically under-enforce the law, and lack effective personnel management. (Walker & Katz, 2012, p. 352) Prime examples are evident throughout history; from the nationally televised beating of Rodney King (Kleinig, 1996) – to the more recent shooting death of Philando Castile (Raguse & Thiede, 2017). These incidents serve to remind us that the abuse of discretion can also severely damage police-community relations if improperly …show more content…
Without them, history has proven that the police subculture protects internal corruption and misconduct. James R. Hudson argues that “those who see a need to redress the balance of power and responsiveness in municipal police departments cite evidence of a general loss of confidence among large segments of the population in police operations and the effectiveness of departmental procedures for review of police conduct.” (Hudson, 1971) In short – the people do not trust the measures with which police are held accountable nor do they trust police leadership to acknowledge the complaints of citizens and address the issues

Related Documents

  • Improved Essays

    The criminal justice system often is examined using political, organizational, or sociological approaches [or lenses] (Pollock, 2010). Asking [simply] whether something is legal [or illegal]…is not necessarily the same question as asking whether something is right [or wrong] (Pollock, 2010). The term “ethics” or “ethical” refers to something “being in accordance with the accepted principles of right and wrong that govern the conduct of a profession.” In the case of police officers, use of discretion, or a lack thereof, in the application of force has direct ethical consequences to which the objectivity of the police officer on scene is subjugated by the subjectivity of a review board after the fact. Actors at every stage in the justice process…

    • 825 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Laws influence police behavior and how officers handle some situations. Officers are rarely supervised while on patrol and if they are, it is by a fellow officer rather than a superior officer. Because of this, officers are left with discretion in almost every situation they encounter. This discretion for the law also influences how things are handled in the police subculture. This same law is used not only by police officers but also against them when there is suspicion of wrongdoing.…

    • 2157 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Discretion is a vague term that is applied to and used at all times, everywhere and in any situation. It is the decision making process and power to decide or act accordingly to one’s own judgment. A legitimate aspect of modern policing ; the work by nature is discretionary as it involves the exercise of judgment and use of choice, through decision to investigating, to question, to search, to arrest, to caution (Cunneen and Libesman 1995). Unlike judges or parole boards, police have the ability to act more or less as autonomous beings in their line of work.…

    • 200 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Police Discretion Essay

    • 893 Words
    • 4 Pages

    The discretion in the criminal justice system is placed to protect society from injustice in the abuse of power. Discretion is a judgment that is exercised by applying principles and values and facts, which can be explored through the police discretionary role, judicial discretion in punishment and sentencing and the effectiveness of the diversionary schemes applicable to the young offenders. Although the role of discretion within the criminal justice system has many advantages, it can lead to many conflicts in the process of conviction. Primarily, this is due to the misuse of powers the police and judge have been given in order to carry out their discretionary role to protect society.…

    • 893 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Firstly, in understanding Police discretion someone would want to know if the concept has any benefit to society. In fact there are many strengths or advantages associated with the principle of police officers using their discretion. When a police officer uses his or her discretion it allows them to make a decision that is fair and humane, which in turn can improve the way people view the police. If the police were to follow the laws to latter, they would be perceived to be unfair to society and hence rejected (Rivera, 2006). This shows a major strength in the use of discretion by police officers mostly because it helps to build the moral of the officer and also contributes in building a community’s trust in the police, for example in…

    • 533 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today? Police behavior is different across all communities.…

    • 1475 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    but in this case I feel that they would not truly know enough information for the state’s attorney in order for them to bargain with in order to get a lesser sentence. Therefore, he or she should not use discretion in this situation because it will not truly help…

    • 1049 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The law provides boundaries for officials to work within, however, it does not eliminate them from utilizing discretion. The decisions to intervene in a situation, cite, arrest, or prosecute the individual are all greatly discretionary (Greenleaf, Skogan, & Lurigio, 2008). A police officers ability to utilize discretion is the beginning of what could lead to a long judicial process. When making a traffic stop, they have the decision to issue a verbal warning or issue a ticket. A major downfall to law enforcements discretionary character is ethnic or racial profiling.…

    • 734 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Police Compliance

    • 820 Words
    • 4 Pages

    Even during this period, the officers are governed by the department’s policies, which are developed to reinforce the required ethics and standards associated with the position. As very well put by the Community Oriented Policing Services (COPS), “Police integrity and ethics are fundamental to effective policing and help build trust within communities. Sound conduct by police improves community interactions, enhances communication, and promotes shared responsibility for addressing crime and disorder (COPS, n.d.). As they look at the issue from an organizational strategy standpoint, they have to include all aspects of the organization.…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    New York: Urban Institute Press, 2010. Print. The source by Walker offers a comprehensive review of literature of the history of political reformation and public criticism related to police discretion in the United States since the 1960s. It is important noting that Walker, in the source, relies a lot on the research work of Fyfe, and he offers empirical evidence aimed at showing the inadequacy of the conventional approach to controlling the discretion of the police, in mitigating the unnecessary police shooting of racially segregated and unarmed persons. The findings of the study…

    • 1467 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Police discretion is the choice or power of the officer to let the violator go away with a warning or to take action. An example could be to give the speeding driver a ticket or to give them a warring. - Police officers use discretion as a way to show the community that they are more focused on crimes that are more sever. Discretion is also used as a way to show that officers are not robots without feelings that hand out tickets with no care. 4.…

    • 733 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    As already stated, judicial discretion encompasses the freedom that judges are assigned by the legal apparatus within a given jurisdiction. The allowances provided by the law to practice discretion mean that personal opinions are usually injected in the making of judgements in the legal system. As such, discretion leads to unpredictability and discrepancies in the issuing of sentences for similar criminal offences. Discretion is a double-edged sword that carries advantage and disadvantages. The advantage of judicial discretion is that it allows for the consideration of the unique circumstance of each case and apply the legal provisions according to these guidelines.…

    • 796 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Police Discretion Essay

    • 1444 Words
    • 6 Pages

    Police Discretion is at the core of policing, allowing officers to approach different situations with different approaches. Discretion is seen as the most essential element of policing, yet discretion is also the source of many problems. Over the year’s discretion has become a more prominent issue amongst the public, and due to social media and the increased use of the internet, videos and new reports can be shared with millions in a matter of seconds. Yet the truth is the discretion an officer’s use is comprehensively subjective to real-world situations rather than adopted by a certain agenda. Police discretion an essential and required part of police work (Schulenberg, 2015, pg.247).…

    • 1444 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Discretion occurs in how things are ran, for example parole officers in the system are given almost completely autonomy to do the their jobs however the want and many work as little as possible. It is easy to do because no one is ever watching them. However, there are formal polices that are set into place for these officers to do something specific, but they are set in place by DC officials and then supervisors of the department are the ones to translate the policy to their officers, but they still let their officers do what they want because they believe that they know how to get things done and no one is watching them so it doesn’t really matter anyway. This type of autonomy and discretion lets the corrections system do what it wants because there is a similar case with prison and jails, considering they are closed off to the public so how they are ran is a secret to many. Discretion and autonomy are not the only types of informal sanctions in prison…

    • 1489 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Having discretion is a powerful responsibility and when it’s not used correctly, chaos like what’s going on around the country will continue and issues with injustice and police brutality won’t…

    • 967 Words
    • 4 Pages
    Improved Essays