Police Arrest

Improved Essays
Police System: Prior to an arrest of a crime is going through an investigation. When the police have decided that a crime has been committed, afterwards the police decide whether it is worth investigating or not. If they then decide it is worth it, they have to think about how carefully they are going to have to investigate. The basic idea of an investigation is to search for any type of evidence that associates the person to the specific crime that was committed. An example of this would be if there were an individual stalking someone. The police officers and detectives would then track any type of phone calls that the victim received. Not only would they track certain phone calls received, they would look into any footprints near the house, …show more content…
Police officers are not obligated to arrest every single violator of criminal law. They get to make the decision on if they want to arrest the suspected individual or not. In other words the term arrest means to take an individual into custody and they do not have the option to leave. There are many factors that could affect the decision of the arrest. The two most essential factors that help determine whether the police should make the arrest are first, is to determine the seriousness of the suspects offense and second, determining the quality of the specific evidence that is used against the suspected individual. Based on discretionary decisions to not arrest the individual means that the officer is attempting to successfully accomplish street justice. The term street justice is often used to describe police officers that do not use formal processing to deal with certain problems. In other words, a police officer will just give the individual a warning rather than arresting them. When the police officer does not arrest the suspect, this is called non-invocation discretion. Non-invocation discretion means when the police officers invoke the law based on their decision. In cases like this, officers try to solve problems in a certain way that avoids formal processing that could lead to negative consequences. Most police work consists of problem solving, and arresting individuals is how they solve problems. When the police officers made the decision of not arresting the individual, nobody knows about it beside the individual and the police officer. This is then called low visibility. In other words, low visibility means that most people such as the police administration have no idea about the police officer not arresting the individual. When a police officer makes the decision to arrest the individual and invoke the law, this is called invocation discretion. After the arrest, the police officer is

Related Documents

  • Superior Essays

    Gina Glass CJ 507 Seminar in Legal Issues Dr. Dial Mid Term Exam 1. Outline the flow of decision –making in the criminal justice system. • It begins with a complaint by a citizens or when a police officer witnesses what looks like criminal activity. The police officer will then investigate the crime and if they feel that they have enough evidence to establish probable cause they will swear out a warrant for their arrest. Now if the police observe the actual crime they normally do not have time to secure a warrant so they will arrest them right on the spot based on probable cause.…

    • 1562 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    If the officer does not see the individual commit the misdemeanor or felony, they normally cannot make an arrest. While the officer 's presence is normally required, there are cases when law enforcement officials do not have to see the crime. If there is enough probably causes or reasonable inferences that the person committed the c rime, then they can still make an arrest. For example, if the officer sees a bleeding person on the ground and someone else holding a gun over them, then it is reasonable for the officer to infer that the gun-holding individual shot the other…

    • 1256 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Arrest Vs False Arrest

    • 128 Words
    • 1 Pages

    • Per the summons and complaint, plaintiff claims excessive force and false arrest. Plaintiff states that he was on the sidewalk filming with his video camera when defendant Lt. Spataro shoved him with his baton and shout at plaintiff to get on the sidewalk. Plaintiff states that MOS, including defendant PO Merizalde, grabbed and slammed him against a gate then kicked and punched him with their batons. Plaintiff states that one of the MOS took his camera which was not vouchered or returned to him. Plaintiff accepted an ACD.…

    • 128 Words
    • 1 Pages
    Improved Essays
  • 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
  • Great Essays

    Deadly Force

    • 1605 Words
    • 7 Pages

    Use of Deadly Force Police officers, or any type of law enforcement are here to protect us from any harm. Discretion is something that law enforcement uses and plays a major role in policing. Many people have their own opinion on whether police officers are doing their job the right way. Of course we all have our own views and what the “right way” is and how it differs from people to people. What I believe is that many police officers are not doing their job right due to the fact that there have been many cases in which it is demonstrated that police officers have taken advantage of their position and have used discretion in an inappropriate manner.…

    • 1605 Words
    • 7 Pages
    Great 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

    In the scenario, there are three types of people or things involved the police, the courts and corrections. Now with each one of these things someone who works as a correctional officer, a police officer or a judge can use discretion in order to do their job to the best of their ability. However, it is stated that discretion is the power or right to decide or act according to one’s own judgment; freedom of judgment or choice (dictionary.com. n.d.). Therefore, when it comes to a police officer using his or her discretion in order to get consent to search the house versus an actual search warrant would have really changed the outcome of the scenario. The reason for this is because if he or she had search the house with the consent of the suspect…

    • 1049 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Dirty Harry: Film Analysis

    • 1588 Words
    • 7 Pages

    This means that a suspect has rights, and when a police officer violates these rights, the police officer in question has broken the law and as a result the suspect gets released from jail, as enacted in the movie Dirty Harry. Additionally, legislative principles link with liberal ideas about due process, whereby punishment can only be imposed in cases where the defendant’s liability has been proved beyond reasonable doubt (Cross 2010: 50). This therefore means that, law enforcers can only stop, search and arrest on the foundation of rational suspicion. In addition, the law enforcement officer must provide a search warrant before searching a suspect’s property (Dirty Harry, 1971). Detective Callahan’s failure to do this in the movie Dirty Harry, resulted in the evidence being inadmissible in the court of law, and in turn the suspect was released from police custody.…

    • 1588 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    Once the officers’ have obtained everything on the search warrant the search is done. They have to leave the location. Before leaving they will and should inventory all the evidence or items seized, all the people, and people not there, even if the people are not included on the search warrant. The search warrant should have information of where the warrant was issued, names of people who are the witness or that signed the affidavits, the reason why they issued the search warrant, the officer(s) name that requested the search warrant, time of when search will be done, if possible, the name of the judge or magistrate to whom the warrant will be returned to, date it was issued, magistrate or judges signature and their official title. The police may search a person and the immediate surroundings without a search warrant when they arrest someone.…

    • 1567 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Officer discretion is the ability of officers to use logic and common sense. And, for those seeking assistance from the criminal justice system (CJS), mandatory arrest subordinates their rights and needs to that of the CJS. Advocates claim, with effectiveness that the criminal justice system has factual ignored the context, circumstances and various desires and needs of victims. Majority of states have accepted arrest policies that require police to either arrest one or both parties at the scene, or to just write a report justifying why an arrest is not made. Mandatory arrest policies are normally safer for the victim because if the abuser isn’t arrested, he or she will make the attack worse against the victim as a beating for contacting the…

    • 602 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Police Use Of Force

    • 1484 Words
    • 6 Pages

    The International Association of Chiefs of Police has described use of force as the "amount of effort required by police to compel compliance by an unwilling subject" [1]. Police Officers receive their training from their different agencies, but there is no universal set of rules that governs the officers when they should and how much use of force. The number one thing an officer has to think of when determining the use of force is justification. Once the decision is made by the officer to use force, there is a large range of force that can be executed depending on the situation.…

    • 1484 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The beginning of any criminal proceeding begins with the arrest of a suspect.…

    • 1883 Words
    • 8 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
  • 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