1. In policing, what is meant by the ‘gap between how things must be done and how they should be done’? Explain and discuss formal and informal rules and police discretion.
Law enforcement possess a considerable amount of discretion in day-to-day police actions. How discretion is imposed solely depends on each individual officer, their personalities, and their influences. Police discretion can sometimes benefit individuals, for example when the officer decided to let someone go with a warning instead of a ticket for speeding. However, police discretion can also lead to major problems such as unequal treatment of individuals, racial profiling. For example, even though the distinction between a “frisk” and a “search” is clear, as Moskos states, …show more content…
As citizens we all want our rights and privacy protected. However, from a police perspective the 4th amendment is a major hurdle when trying to prosecute criminals. The controversy is whether the 4th amendment truly protects citizens or if it hurts citizens and society even further. Pros of the 4th Amendment allows citizens to be protected from unlawful searches and seizures which could violate their basic human rights. 4th Amendment protects the privacy of individuals; law enforcement cannot just spy on citizens or go through their belongings without probable cause. The main cons of the 4th Amendment is that it hinders many police investigations. Law enforcement has to spend so much time and effort to stop a criminal. It makes the gathering of evidence that much more difficult; while the police has to show that probable cause exist and go through the correct channels, the criminals can destroy all the evidence needed to prosecute them. The purpose of police is to protect and serve. However, the 4th amendment stands in the way of police effectively doing their jobs to protect its
Law enforcement possess a considerable amount of discretion in day-to-day police actions. How discretion is imposed solely depends on each individual officer, their personalities, and their influences. Police discretion can sometimes benefit individuals, for example when the officer decided to let someone go with a warning instead of a ticket for speeding. However, police discretion can also lead to major problems such as unequal treatment of individuals, racial profiling. For example, even though the distinction between a “frisk” and a “search” is clear, as Moskos states, …show more content…
As citizens we all want our rights and privacy protected. However, from a police perspective the 4th amendment is a major hurdle when trying to prosecute criminals. The controversy is whether the 4th amendment truly protects citizens or if it hurts citizens and society even further. Pros of the 4th Amendment allows citizens to be protected from unlawful searches and seizures which could violate their basic human rights. 4th Amendment protects the privacy of individuals; law enforcement cannot just spy on citizens or go through their belongings without probable cause. The main cons of the 4th Amendment is that it hinders many police investigations. Law enforcement has to spend so much time and effort to stop a criminal. It makes the gathering of evidence that much more difficult; while the police has to show that probable cause exist and go through the correct channels, the criminals can destroy all the evidence needed to prosecute them. The purpose of police is to protect and serve. However, the 4th amendment stands in the way of police effectively doing their jobs to protect its