examine the exercise of discretion in Britain in relation to policing, and why the abuse of the discretionary power may result in dangerous to the society or citizens. Before moving on to examination, it is first necessary to consider what could reasonably meant by police discretion, what factors may taken into account when using it and why it is an inevitable tool for police to intervene in or handle a particular situation. After considering possible reasons why discretion is central to policing
use of discretion. The person’s demeanor previous history and what they did to get the attention of the police. Was it a speeding or was it theft from a store. How an officer uses discretion is based on a number of factors past experiences and training defiantly play a big part in decision making whether the officer gives a warning or a fine. Sometimes it comes down to when court and correctional systems are backlogged, police tend to become more lenient. When a city needs revenue, police officer's
Discretion itself means “the freedom to decide what should be done in a particular situation”. Discretion is the judgment that an offense has been committed, so the officer must make a discretionary decision, to take certain enforcement actions. Discretion is necessary for fairness because as outlined in this reading “discretion is necessary because limited resources make it impossible to enforce all laws against all offenders and the strict enforcement of the law would have harsh and intolerable
Discretion is when the effective limits on a public official’s power leave him or her free to make a choice among a number of possible courses of action” (Davis 1980). This same concept is true for police officers, police are tasked with using their best judgment when it comes to dealing with situations that arise in there busy day. Unfortunately as seen in recent history police do not always use their power of discretion in the best interest of the community. Due to lack of self-control or just
Police discretion is a highly debated topic among many different groups, not only in the United States but internationally. It is imperative to understand police discretion, and the various control mechanisms available such as internal control mechanisms, external control mechanisms, control by the citizens, legislative control, and control by the courts. Each control mechanism plays a vital role in how officers of the law handle various situations. Not only do these mechanisms control police discretion
These racial stereotypes bring with them issues regarding the concept of police discretion that was very well demonstrated in one of the observed trials. Police officers need to deal with infinite possible situations on any given day, so every officer has the responsibility to use their discretion to have every situation end in the best possible way. Because of the infinite number of possible situations, there cannot be descriptive protocols for every circumstance as people and social environments
minor the infraction is. That power is called discretion which can be defined as having the authority to choose between two or more courses of behavior. Law enforcement officers have to make so many decisions everyday such as; when to enforce a law, how to enforce it, how to handle disputes, and when to use force. According to the International Association of Chiefs of Police “Law Enforcement Code of Ethics” A police officer will use responsibly the discretion vested in the position and exercise it within
Police discretion is the decision making power officers have that allow them to determine whether or not to pursue police procedure or allow civilians to go free with simply a warning. During a traffic stop for example officers are permitted to either give the citation or a warning to drivers. This also happens when an officer stops a person on the street for disorderly behavior the officer decides if a warning, ticket or arrest is warranted. In New York City disorderly conduct is a frequently charged
criminal justice system comprises of 3 aspects; police courts and corrections (Dennis, 1977). Despite the criminal justice system’s aim to run a fair and impartial system of law, this is not always the case, this can be especially seen in all three aspects of the criminal justice system (Dennis, 1977). Through the aspect of the police, it can be seen that our ability to access
The number of high-speed chases police officers are involved in every year is becoming an issue throughout the United States. Modern police pursuits continue to be a highly controversial subject as many end with property damage, personnel injury or death. It is evident courts have started to analyze police chases more in depth, particularly when a tragedy occurs and civil lawsuits are administered. Many police departments have clearly defined pursuit policies that can be effective if the procedures