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Discretion in Law Enforcement
There are a number of important considerations one must take into account when determining the use and effect of discretion in the part of police work. The fundamental question that any preponderance of the place of discretion in police work has is this: does the exercise in discretion signify a return to "the rule of men (and, now, women)"? Or, is it, rather, an important dimension of the rule of law? (Kleinig, 2008, p. 72). A prudent examination of some of the most eminent factors related to this issue unequivocally finds that all processes of law establishment and enforcement contain innate requirements of discretion to preserve the spirit in which such laws were conceived.
One of the most convincing forms of evidence that reinforces the fact that discretion is an intrinsic part of the rule of law is the place that experience plays in police work. Experience based on working with people and situations in everyday affairs is oftentimes a police officer's most valuable means of understanding...
Furthermore, there is often a veil of silence from witnesses in these types of assaults, which makes investigation very difficult. However, when an officer exercises the discretion to treat these incidents as lesser-crimes, he reinforces the devaluation of the gang members and actually increases the validity of the gang culture. Furthermore, gang violence does not occur in isolation, and it is unfair to the non-criminal members of gang-afflicted communities
706). Yet, this clearly does not eliminate the possibility of abuse of power and wrongful use of police discretion as the disproportionate application of justice upon those of lower class and of minority races is fundamentally present in both lesser and greater crimes. III. If you were a supervisor within a police department, how would you manage or control the discretionary practices of your officers? One of the most important aspects
, Skolnick and Fyfe, and Walker, that conclude racial discrimination has been found in several policing duties, facilitated by police discretion, including shootings, use of force, arrests, street stops, offense charging, search and seizure, and equality of coverage. Police discretion allows for this discrimination to occur. Skogan and Frydl (2004) concur that police discretion is an increased concern, in relation to racial profiling and discrimination. The authors surmise that pro-active special
Police Discretion The execution of discretion in judgment among police officers has been studied for decades (De Lint, 1998). Before the 1960's, For some three decades now it has been established knowledge that police officers use discretion (De Lint, 1998). Through the 1960's, officers were expected to use "common sense," with little attention paid to analyzing situations where discretion was called for or for applying specific training to improve the kinds of
police discretion? How do the internal and external mechanisms influence police discretion? Is there a better solution to improving police discretion? Police discretion is when the officer will have the responsibility to make their own determinations as to how they should be enforcing the law. The way that this is accomplished is through giving them the flexibility to decide how much emphasis they should place on dealing with specific situations.
Limits to Police Discretion Just as every law environment situation is unique, so too are the police officers that make the decisions concerning how these situations will be resolved. Some police officers appear to have a natural-born knack for knowing how to amicably resolve even seemingly intractable disputes while others routinely incarcerate their suspects with little or no effort made to determine if alternative dispositions might have been more appropriate.
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