(Davis 1975, pp 62-66). "Discretion allows the police to challenge mechanisms of accountability and to erode the laws and rules that they are required to enforce, in part because of the proactive character of policing and the limited, retroactive character of accountability" (Seri, p. A police officer working the street would be like a dog chasing its tail if that officer strictly enforced every violation observed to the "letter of the law." Furthermore, that officer probably wouldn't have time to answer calls for service. There are various reasons why the use of police discretion is a positive aspect of a police officer's position. The Importance Of Police Discretion. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs. In some cases, for example, it may be necessary for the courts to show leniency because . Police officers are trained on different scenarios that one may come across while they are at the academy. Drawing the line between the appropriate functions of discretion among members of the police force remains to be an important component of policing. After identifying a crime, the criminal investigation consists of a variety of different decisions by judges, attorneys, police officers, and others. Discretion is a ubiquitous and legitimate aspect of modern policing, though its scope and limits are poorly understood. This makes discretion an important and inevitable part of modern policing. Why Police discretion is Necessary Introduction The issue of police discretion continues to draw interest in the justice system. The use of police discretion can put the public at risk. 1. Excessive discretion runs counter to criminal justice goals. It is seen by many to be both an essential part of policing as well as a constant source of issues. 14.21 The discretion of the police Police discretion is a critical component of our criminal justice system. The essence of "police discretion" is that when using the law police officers are authorised based on the presumption that they make choices (act as rational, independent, autonomous individuals). The police do not make an arrest every time they are legally authorized to do so. Police officers are allowed discretion, in part, because not allowing it would be unworkable. Water pollution essay pdf download is Why essay discretion police important leadership case study with solution. Excessive discretion runs counter to criminal justice goals. Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. Inevitably, the police must use some discretion in carrying out their job. With the discovery of police discretion, there had been different debates as to its importance and hindrance in the application of law within communities. Discretion also gives police the ability to take alternative action with some minor matters such as public disorder offences. Why is officer discretion important? 969 Words4 Pages. Even in cases where it is clear that a crime has been committed, police officers often use their discretion in order to . Ethics, discretion, and professionalism are important factors in policing duties and institutions, enabling the executive branch to operate effectively when dealing with the public's interests.. The idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. In the last couple decades in the United States, police decision-making in several encounters has come to great issue. Higher job discretion provides more leeway to the employee to choose from a certain range of effort levels. Introduction. Most people commit some violation during the course of their day. In this article, the authors seek to refine our understanding of discretion in modern policing by examining the historical evolution of the concept, and the modern challenges facing The issue of police discretion continues to draw interest in the justice system. Davis, "a police officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction" (Davis 1969, p. 4). Although many may think that the use of officers discretion lends itself to favoritism are bias It has been my experience that most officers understand when someone it doing wrong as opposed to making an honest mistake. Police discretion provides an opportunity for selective enforcement, and prejudice, bias, discrimination, and individual values may factor into how the law is enforced. By 01/04/2022 . Their decision-making can also lead to situations where there is a higher risk of harm to a civilian. Police officers can use discretion as a way to protect the general public. 9. Police discretion is a phenomenon that is integral for understanding how police work is conducted. In order to sustain effort at higher levels of discretion and induce workers not to settle at their lowest possible point in the effort range, an organization must provide a . Police officers are often referred to as "gatekeepers" of the criminal just. One of the reasons why researchers have argued that police discretion is necessary (and indeed inevitable) is that the police simply cannot uphold all of the laws, all of the time: "full enforcement … is not a realistic expectation" (Goldstein, 1960: 560-1). Edward Parks of the Toronto Po. The state or county's arraignment process and bond system accounts for the overnight stay in jail, not the officer. Police officers are allowed discretion, in part, because not allowing it would be unworkable. There are various reasons why the use of police discretion is a positive aspect of a police officer's position. discretion in law enforcement. This creates a situation that allows police officers discretion in the way they think about what they see and how they handle those with whom they come in contact. Police officers encounter many situations in the course of duty that need them to use their judgment. Why is discretion important in policing? Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. There are different substances where discretion is not discipline enough or not monitored enough even though having discretion is not always bad. For example, an officer may decide not to arrest someone for a minor offense such as drinking in public or jaywalking. The exercise of discretion gives the police officer the flexibility he needs to do his job. What actually happens is "selective enforcement … Davis, "a police officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction" (Davis 1969, p. 4). Discretion is defined as "the freedom to decide what should be done in a particular situation." Officers of the law think on their feet and make decisions in a moment's notice based on training and past experiences. Why is discretion an important characteristic for an employee? Police officers are trained on different scenarios that one may come across while they are at the academy. Police discretion is a phenomenon that is integral for understanding how police work is conducted. Police Officers' Decision Making and Discretion: Forming Suspicion and Making a Stop Abstract Most police activity occurs in private, away from the public=s view. For example, Lord Scarman's report There are still ways to abuse it and today police officers have their own way of using police . The police do not make an arrest every time they are legally authorized to do so . The Pros and Cons of Police Discretion. Why is police discretion such an important concern? The choice to engage in a high-speed chase or not attempts to balance the need to capture a suspect against the . Discretion is needed to filter offences so that only those that are most important will be investigated, even though at times such discretion may be misused (Tillyer and Klahm IV, 2011). (Davis 1975, pp 62-66). Although a substantial body of research suggests that the discretion of discretion of actors in the criminal justice system is important, there is disagreement in the existing empirical literature over its role. Views. I do believe that officers discretion is a critical component of policing. Running head: POLICE DISCRETION Police Discretion CJA/342 University Of Phoenix Police Discretion Police discretion is an important tool in police work due to the law sometimes being too vague or ambiguous. Running head: POLICE DISCRETION Police Discretion CJA/342 University Of Phoenix Police Discretion Police discretion is an important tool in police work due to the law sometimes being too vague or ambiguous. Why is officer discretion important? Police discretion provides an opportunity for selective enforcement, and prejudice, bias, discrimination, and individual values may factor into how the law is enforced. Police discretion is a constant consideration within Police services. The Role of Discretion in the Criminal Justice System. It has been argued that police officers sometimes do not use discretion like they are supposed to with the citizens. Proper use of discretion is probably the most important measure of a police officer or department. Police discretion is simply viewed as making the best decision to a . Why Police discretion is Necessary. Often, it is something small like failing to maintain a lane during a turn. The use of discretion allows the police officer the flexibility necessary to perform . Unlike the enforcement of laws, police officers have zero discretion in following their department policies. is kimchi salty before fermentation. Why am i a good candidate for this job essay, write an essay on the topic coronavirus pandemic and india in 200 words, jordan peterson how to write an essay pdf. If they did, the number of cases would overwhelm the criminal justice system. According to Pond (1999), discretion refers to the selective enforcement of the law by law enforcement officials (p. 94). Police officers encounter many situations in the course of duty that need them to use their judgment. In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing. Police discretion allows officers to make decisions when a clear solution may not exist. Police discretion is essential part of policing. In Sweden a five-member committee of Parliament has as its primary function the responsibility of overseeing police activity. According to Pond (1999), discretion refers to the selective enforcement of the law by law enforcement officials (p. 94). One of the most important areas where police have discretion is in deciding who to stop. The use of discretion allows the police officer the flexibility necessary to perform . Today, police discretion is a very important aspect to the criminal justice field. If they did, the number of cases would overwhelm the criminal justice system. It also enables the officer to rapidly interpret the appropriate statute legislation and act on the determination. Why Does Individual Discretion Play Such An Important Role In The Criminal Justice Process? There are different substances where discretion is not discipline enough or not monitored enough even though having discretion is not always bad. Use of Force When a police officer suspects someone of committing a crime, they will use their best judgment (or discretion) to choose how to proceed. In order to achieve justice, police agencies must use their moral and ethical discretion at all times or they risk losing legitimacy, trust, and confidence. the exercise of police discretion. When circumstances surrounding offences are taken into account, discretion can and should be considered in many of these cases. Police discretion is simply viewed as making the best decision to a situation, whether they should use any time of force depending on the health or mental situation of the person who is being detained. Studies in this literature generally hypothesize that discretion plays one of . Discretion is defined as "the freedom to decide what should be done in a particular situation." Officers of the law think on their feet and make decisions in a moment's notice based on training and past experiences. Without discretion the police, and indeed the whole criminal justice system, would become overwhelmed with cases, resulting in public displeasure (McLaughlin . Others will go a few miles per hour over the speed limit. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs. Discretion has become the best source for police officers in the last couple years to deal with any confrontation. Today, police discretion is a very important aspect to the criminal justice field. But too much discretion can be dangerous — it can promote . The state or county's arraignment process and bond system accounts for the overnight stay in jail, not the officer. Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. Police Discretion: A Critical Component Of Policing. The principle of police discretion allows a law enforcement official to make effective decisions while on the job when clear solutions may not be available. Inevitably, the police must use some discretion in carrying out their job. What is the current relationship between police and racialized communities? Why is it so important for the police officers to have an ethical standards in police service? Even in cases where it is clear that a crime has been committed, police officers often use their discretion in order to . Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. Host Farah Nasser discusses this topic with Const. The idea behind police discretion is that the law should be flexible in some ways in order to ensure that the spirit of the law is satisfied. A police officer's discretion not to arrest represents the triumph of common sense over the excesses and 'unwisdom' of legislators. During the past decade, the issue of police discretion has become an. Essay on favourite actor akshay kumar literary analysis essay on cathedral? Police officers are often referred to as "gatekeepers" of the criminal just. In the context of policing, discretion means that officers are given some leeway on which they can rely as they make choices that impact the people they are policing. A police officer's discretion not to arrest represents the triumph of common sense over the excesses and 'unwisdom' of legislators. 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