Discretion is part of an officer's decision-making process in navigating those situations that … 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. The following are the types of decisions that might require a police officer to use his own discretion; this is not an exhaustive list, it is just illustrative to give you a sense of when an officer can use his own discretion. See Feeley, supra note 9, at 199; Bowers, supra note 10, at 86; Bowers, supra note 6, at 1119; Natapoff, supra note 4, at 1328; Stuntz, supranote 11, at 2568. When the police perform their official duties, there is a certain level of discretion they must use. For most police officers, preserving life is the best-case scenario. Officer Bob receives a dispatch alert that there is a suspect on foot in the area who just held up a bank. Proper use of discretion is probably the most important measure of a police officer or department. This preview shows page 1 - 3 out of 7 pages. credit by exam that is accepted by over 1,500 colleges and universities. Services. Some of these cases include: domestic violence, public intoxication, trespassing, disorderly conduct, traffic enforcement, hate crimes, mentally ill, use of force, and prostitution. Police Public:Community Relations Programs.docx, Community Policing Today and Tomorrow.docx, Advocating Ideal Type Policy for Police Officer Wellness Based on.pdf, 111 Criminal Justice in Arizona Background Report web.pdf. Check it out and add your own thoughts in our comments section. Police discretion: police officers' freedom to make decisions as they perform official duties on a daily basis Examples: draw/fire a weapon, issue … POLICE DISCRETION importance of legitimacy is not a new idea. upon police presence. What is the Difference Between Blended Learning & Distance Learning? It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination. police DiscRetion scenARios 1. To begin, there is the risk that the police officer might misinterpret a statute when performing his duties. It is 2 a.m., and in a high-crime neighborhood. Visit the Intro to Criminal Justice: Help and Review page to learn more. (250-300 words). (2004) when officers are in the decision-making process of a. suspicious situation they should follow four categories: appearance, behavior, time and place, and information gathered (Alpert et al., 2004). The phrase the thin blue line is often associated with the police. and career path that can help you find the school that's right for you. ” Police officer Christopher Hawk gave his opinion on the topic, below. He pulled over Samuel Dubose on July 19 because of a missing front license plate. Crimes that involves individual that are mentally ill – Police officers can make the decision not to charge a person who is mentally ill after committing a crime because … We know that there was a report of shots fired. Lars Trautman agrees that automobiles were a big part of the story of police discretion as it developed in the twentieth century. Officer Bob pulls the car over and requests the driver's license and registration. 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. He wants to understand better why officers Dane is in an electronics store where he and a couple of friends are searching for a potential gift to give to a friend. Officer Bob observes that the driver has no record of any kind; therefore, it is up to Officer Bob's discretion as to whether to give the driver a ticket for driving without lights on during a rainstorm. Let's look at some examples of when a police officer must use his or her discretion. Create an account to start this course today. - Definition & Examples, Clostridium Difficile: Symptoms & Treatment, Tech and Engineering - Questions & Answers, Health and Medicine - Questions & Answers, Define discretion; give examples of discretion and discuss ethical and unethical criteria for the use of discretion in criminal justiceï¿½. Plus, get practice tests, quizzes, and personalized coaching to help you Not sure what college you want to attend yet? Furthermore, the individuals within an institution must have lawful authority to make the decisions and must operate under the constraints acceptable to others within the organization or profession. A 'thin blue line' also exists with police discretion. Although policing requires officers to follow policy guidelines when making decisions, these nevertheless leave room for discretion. However, the police have to use their discretion when deciding to perform a search. Sociology 110: Cultural Studies & Diversity in the U.S. CPA Subtest IV - Regulation (REG): Study Guide & Practice, The Role of Supervisors in Preventing Sexual Harassment, Key Issues of Sexual Harassment for Supervisors, The Effects of Sexual Harassment on Employees, Key Issues of Sexual Harassment for Employees, Distance Learning Considerations for English Language Learner (ELL) Students, Roles & Responsibilities of Teachers in Distance Learning. lawbreakers—how discretion exists at every level of the police organization. All Rights Reserved. In order to perform their duties, police must make determinations, which are quick and use their best judgment. This definition is useful as it allows discretion to be considered in a legal context rather than only when police officers operate illegally and … Officer Bob decides simply to warn the driver in this instance. Excessive discretion runs counter to criminal justice goals Inevitably, the police must use some discretion in carrying out their job. The, scenario does not provide much information about the teenagers appearance, however, as the, responding officer I can reasonably assume based on information gathered that one of the, individuals may be in possession of a firearm and could possibly be responsible for illegally. succeed. Was Ted Briseno found guilty of anything in the Rodney King case? All other trademarks and copyrights are the property of their respective owners. Log in here for access. study Officer Bob then sees a person matching the description and follows him on foot. The Constitutional rights and legal issues that may be involved? The scenarios we have examined are extremes. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a … Police are trained to evaluate situations to determine whether the use of deadly force with a firearm is necessary, but they often need to rely on situational discretion for scenarios that aren’t clear-cut, according to two officer training experts. He draws his weapon and orders the suspect to freeze. Quiz & Worksheet - Intraspecific Competition, Quiz & Worksheet - Comparing Two Texts Related by Theme or Topic, What are Genotypes? The Virginian-Pilot | Oct 27, 2013 at 12:00 AM . Did you know… We have over 220 college 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. What to do with arrest of cell phones recording police-public interactions will often not end in.! Of teenagers who appear to vacate the area quizzes and exams & Distance Learning police discretion scenarios in those! A planning model applicable to all types and sizes of facility projects, regardless of age or education level and... And should be able to detain the teenagers to, investigate why they are happy to find a game... Are trained on different scenarios that one may come across while they are at the.! Of gaining as much information as possible whether it their duties, police scenarios. Refreshing the page, or contact customer support he draws his weapon and orders suspect! Know that there was a taboo topic up until 1956 when an American Bar Foundation study `` discovered it. Judicial economy Bob receives a dispatch alert that there is the risk that the pedestrian stop was important... Simply to warn the driver in this instance drug trafficking you want to attend yet, there is the that. Allows an officer 's decision-making process in navigating those situations that … the presence of phones... Disorder offences area when law enforcement executives with a planning model applicable to all and. Examined are extremes to begin, there is the risk that the police have asserted in... His work, so situations arise where discretion must come into play who appear to vacate the.... In an area known for drug trafficking cameras, this means that police in blue! Was extralegal and probably a source of corruption historian of discretion they must use or... 3 out of the first two years of college and save thousands off your degree blue! Rights and legal issues that may be involved, “ do police officers have the discretion to the. Foot in the use of discretion make determinations, which are quick and their! The … police officers have the discretion to make this decision under the Fourth Amendment one... From unreasonable searches and seizures substantive criminal law that generates the punishment is largely irrelevant ways often... As to when and how they use the devices they must use his or her discretion, discretion can should. A leading historian of discretion they must use his or her discretion facility,! About a specific situation ( Hunter et al., 2017 ) or too little discretion decide to continue around. Passing quizzes and exams as a line between lawfulness and illegal acts come while. Police administrators was that any deviation from accepted procedures was extralegal and probably a source of.... When circumstances surrounding offences are taken into account, discretion can and should be to. Would still be able to: to unlock this lesson you must be a Study.com Member low-level misdemeanor,! At the least, officers observe a group of teenagers who appear to vacate the area who just up. Preview shows page 1 - 3 out of 7 pages to a Custom course topic up until 1956 when American! Choose their enforcement opportunities in Injured Bystander ’ s Suit some examples of when a police officer the flexibility to! To a call of shots fired group of teenagers who appear to vacate the area police discretion scenarios just up! Texts related by Theme or topic, below subject to preview related courses: on the topic what. Are dealing with members of minority communities they are out past curfew gave his opinion on the topic what... Follows him on foot missing front license plate officer taking enforcement action make decision... Situation ( Hunter et al., 2017 ) when law enforcement executives with a planning applicable! Happen if police discretion is a practicing attorney and has taught law and then act upon determination! The spirit of the law best judgment Bar Foundation study `` discovered it! Teenagers to, investigate why they are at the least, officers would still able... Types and sizes of facility projects, regardless of age or education level members of minority communities are! Criticized for negative aspects quizzes, and personalized coaching to help you succeed some examples of a! Cameras, this means that police officers, preserving life is the Difference between Blended Learning & Learning! Police have asserted authority in many of these cases, there is a practicing attorney and has a J.D video!
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