Police officer discretion in the use of body worn cameras. Police discretion is a potential tool for abuse that could possibly result into potential needless death andor injury. Department of justice office of justice programs 810 seventh street n. Police and discretion essay discretion is defined as an official action by a criminal justice official based on that individuals judgment about the best course of action. This definition is useful as it allows discretion to be considered in a legal context.
Probably the most wellknown example of such change has to do with the policing of domestic violence and child abuse. Police discretion police discretion discretion is defined by the merriamwebster dictionary as the ability to make responsible decisions, individual choice or judgment, power of free decision or latitude of choice within certain legal bounds. For example, a previous study conducted by the author of police offensereporting decisions illustrates false presumptions of discretion by police. 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. Many familiar with concept whether one is familiar with the term refers to the power to choose between courses of conduct in the administration of an office or a duty pertaining thereto. Police discretion in contemporary america bernice b. The abuse of police authority this edition of the abuse of police authority. A participant observation study of game wardens article pdf available in deviant behavior 276. Abuse of discretion legal definition of abuse of discretion. Police brutality definition, examples, cases, processes. Police officers decision making and discretion ncjrs. In the second half of this essay, i argue that since police discretion. Abstract police officers legitimately have broad powers of discretion to enforce the law. Can someone help me find examples of police discretion.
For example, if a citizen violates a law but poses no. Conclusion the american office of prosecuting attorney has its origins in american adaptations of dutch and english law. Some departments also extend this discretion to recording victims of other crimes. Rich kinsey retired police detective police officers are faced each day with a vast array of situations with which they must deal. 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. Police administrators should proactively institute and enforce strong policies governing conduct, as well as systems to collect and analyze data relative to policecitizen. Create a list of ten actions during which an officer might use discretion and why. On the other hand, police officers can abuse their discretion by consistently making law enforcement.
Proper use of police discretion essay understanding. By dan cadman on january 7, 2014 it is a chart entitled immigration court cases closed based on prosecutorial discretion, by immigration court and hearing location as of november 30, 20. Many times, a police officer is alone when performing his work, so situations arise where discretion must come into play. With many aspects of policing, and a variety of calls they receive, officers must use discretion in all, if not almost all, interactions with potential criminals or the.
Recently, myhill and johnson 2016 have discussed the decisions faced by. Administrative discretion allows agencies to use professional expertise and judgment when making decisions or performing official duties, as opposed to only adhering to strict regulations or statuses. A question posted recently on quora asked, do police officers have too much or too little discretion. Do police officers have too much or too little discretion.
Law enforcement abuse of power southaven injury lawyer. The national institute of justice is a component of the office of justice programs, which also includes the. Issues such as the potential for racism, sexism and socialism are everpresent in everyday policing. The misuse of police powers in officerinvolved domestic violence page 2 2015 2003 diane wetendorf, inc. When the police perform their official duties, there is a certain level of discretion they must use. Consequently, the police officer must decide on his own in the particular moment what to do.
A national study of police officers attitudes has been formatted for the web in pdf format. I will start by defining police discretion then briefly discuss the use of discretion in domestic disturbances, minor misdemeanors, and traffic enforcement. American military university professor robert arruda cmrj303 criminology january 17, 2014 abstract utilizing the research from several sources and personal experience, this paper will discuss police abuse of discretion. In this paper, i will be writing about police discretion. Community policing is about giving officers more discretion to better serve the needs of the community.
Supreme court cases for law enforcement are either misunderstood or entirely unknown by the average. For the sake of those who are not familiar with this concept, as a law enforcement officer, we have the power to use our own discretion to be creative in enforcing the law. Police officers legitimately have broad powers of discretion to enforce the law. Determine whether the use in each action is reasonable or an abuse of power.
See connecticut law enforcement officers field manual red book for specifics. Vagrancy and loitering laws, for example, have been used to deny minorities. Police abuse of discretion and discretion 2015 words 9 pages. In sweden a fivemember committee of parliament has as its primary function the responsibility of overseeing police activity. I arrested a guy on what in texas is called a blue warrant. Although discretion is an unavoidable and ubiquitous feature of police work, it is also the subject of significant controversy and debate.
The term police brutality refers to the use of unnecessary, or excessive force by police officers when handling civilians. Omnibus crime bill, for example, authorized police departments to confis. For example, in july 20 police encountered an africanamerican man in a parking lot while on their way to arrest someone else at an apartment building. Policies with respect to the exercise of discretion by police are understandably often controversial, and may change over time in response to changing public attitudes. The misuse of police powers in officerinvolved domestic violence page 1 2015 2003 diane wetendorf, inc. For example, the operational policing manual opm of the. How to maximize your chances of showing an abuse of. A failure to take into proper consideration the facts and law relating to a particular matter. In this essay, i first provide a brief overview of the history and evolution of police discretion from the 1960s to today and explain how its exercise has been impacted in recent decades by the war on drugs and the adoption of broken windows policing. See united states attys manual, rico guidelines preface 9110. Police officer christopher hawk gave his opinion on the topic, below. This article addresses the issue of police officers use of discretion when responding to domestic violence. A national study of police officers attitudes has been formatted for the web in pdf. Man ran from officers, fought with them, was verbally abusive, spit at officers.
While a law is written to explain who and when someone should be arrested in the case of domestic abuse, the discretion to follow the law comes during investigation because law enforcement has a problem with. It is seen by many to be both an essential part of policing as well as a constant source of issues. This is an order to arrest an individual that the court has decided to revoke a granted prison parole against. Apart from general exhorta tions to report fully and fairly, officers are given little formal guidance on. This entry approaches the study of police discretion from this decisionmaking perspective. This discretion allows us to not arrest someone who we might have probabl.
Now suppose that police, instead of being authorized to issue orders to people, has a proscribed and publicly available list of what he can order a person to do, and the circumstances under which he can do so. Whether a police department has a legalistic, watchman, or service style is a matter of how discretion is controlled and structured. On the other hand, police officers can abuse their discretion by consistently making law enforcement decisions in favor of certain groups or individuals. Our attorneys understand that a person who has been the victim of law enforcement abuse of. Police discretion is a constant consideration within police services. Essay on police abuse of discretion 2738 words bartleby. Instead, police officials need to focus on the substantive content of police work. Examples of police brutality can include the use of pepper spray, nerve gas, or batons, though it does not have to be physical abuse or attack. It is the exercise of professional expertise and judgment, as opposed to. Police discretion allows law enforcement officials to effectively make decisions in the field when no clearcut solution is illuminated by law or a handbook.
Drug or alcohol use may pose a serious threat to driver health and safety. Elder abuse can also mean knowingly neglecting an older person to the point that they are harmed, such as by withholding food or medical care. Discretion is the capacity an individual police officer possesses to make a choice among a number of possible courses of actions. With reference to ericson and haggertys theory of riskoriented policing, we collected data direct from information management systems in an english police force and conducted field observations with attending officers to explore the degree to which officers used discretion to.
Elder abuse happens when a trusted caregiver or adult knowingly harms an older person someone 60 and older. This kind of discretion is highly controversial because it can so easily lead to abuse and corruption, and for this reason police services typically have very detailed and strict protocols for the handling of informants. Police officers in england and wales have a great deal of discretion in how they deal with incidents of domestic abuse. What are ways in which police discretion can be used. Yet we evaluate the police in terms of more for example, research on policing spouse.
Police use of discretion in response to domestic violence. Police corruption can include receiving stolen goods, extortion, bribery and the sale of drugs. The guy had nearly an ounce of marijuana on him when i hooked him up. For example, a traffic violation, the police officer may simply issue a warning. Essay on the discretion of the police 831 words 4 pages. In a law enforcement context, discretion only concerns decisions that are. Proper use of discretion is probably the most important measure of a police officer or department. Forming suspicion and making a stop abstract most police activity occurs in private, away from the publics view. In law enforcement discretion is left up to each individual officer on the field everyday. This thesis discusses police exercise of discretion and its relationship to the u. The abuse of police authority as this study reaffirms, commitment by the chief and command staff to uphold democratic values and eradicate discriminatory practices is key. The misuse of police powers in officerinvolved domestic. I have no idea about what police officers do besdies serve and protect please can someone help me. While many incidents of domestic abuse will go unreported to the police, for victims seeking criminal justice intervention the police are usually the first agency of contact.
The stroud law firm has handled many law enforcement abuse of power cases. Essay on proper use of police discretion 2124 words. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action. By jay stanley, senior policy analyst, aclu speech. In fact, several countries have surpassed the united states in both recognizing and guiding the exercise of police discretion. Understanding discretion in modern policing thomson reuters. Furthermore, that officer probably wouldnt have time to answer calls for service. A police officers choice may be influenced by personal factors that may determine an irrational decision.
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