What are some of the major factors that influence police discretion discretion is the exercise of choice by law enforcement officers in the decision. Police discretion with young offenders previous page table of contents next page v situational factors affecting police discretion in this chapter, we assess. Police discretion is used for minor offenses such as traffic incidents or public urination in these situations, the officer has a choice to fine/arrest the offender. The state court of appeals is deciding whether a harlem woman who was struck in a 2005 police shootout may sue new york city.
Police discretion in contemporary america a thesis submitted to the faculty of the school of continuing studies and of the graduate school of arts and sciences. Cons of police discretion discretion discretion refers to an official action that is taken by a criminal justice official ie police officer, lawyer or judge etc in. Here are a few, just to get started positives: people who violate laws may get a warning instead of a citation or arrest fewer jails, jail officers, or police. Police discretion with young offenders peter j carrington and jennifer l schulenberg with the assistance of: anne brunelle joanna jacob ian pickles. A brief history of the politics of police discretion is explored in this chapter the court has been the driving force for change in policing for thirty years.
Discretion is a police officer's option to use his judgment to interpret the law as it applies to misdemeanor crimes the laws that apply to felony crimes, such as. Learn what constitutes police discretion examine several examples of police discretion and review the pros and cons to understand why people are. Discretion allows officers to make decisions as to what course of action will produce the most desirable outcome in a given situation operational personnel typically. Police officers have a significant level of discretion when ethical decision making is incorporated in deciding how to respond to a domestic violence call.
View notes - police discretion from policing t 333 at university of phoenix police discretion one of the most controversial distinctions of police authority is their. Criminal justice instructor and police officer discusses a recent experience handling issues of discretion in the field. Police discretion is a constant consideration within police services it is seen by many to be both an essential part of policing as well as a con. A question posted recently on quora asked, do police officers have too much or too little discretion police officer christopher hawk gave his opinion on.
It means the police officer has a choice example: a police officer pulls you over for a minor traffic violation (not stopping at a stop sign) he has. As a form of judgment, police discretion calls for knowledge, skills and insights that are needed by the police officers in unpredictable situations. Free essay: police discretion and the ethics of accepting gratuities police officers are often confronted with the ethical dilemma of whether or not to. Discretion relates to police decision making within the law what guidelines should a police officer keep in mind when using discretion 11/1/09 – a free.
According to mcgregor (kleinig,1996), discretion can only be interpreted as those decisions that are made with lawful authority rather than decisions made for illegal. Prior to a discussion of the problems associated with police discretion at the street level, it is worth mentioning the existence of a curious theoretical.
• the challenge faced by police to exercise discretion so as to uphold high standards of legitimacy and accountability expected by the community. We do not join this battle instead, we suggest that criminal law process costs essentially decouple statutory discretion from actual police behavior, rendering the. City council greed trumps officer discretion running a red light can certainly be one of the most dangerous risks a vehicle operator can take. 268 process costs and police discretion charlie gerstein and jj prescott∗ cities across the country are debating police discretion much of this debate centers on. Read police discretion free essay and over 88,000 other research documents police discretion police discretion police discretion is the ability to choose a course.