I booked him on the misdemeanor for DAR and called the U. Rich Kinsey is a retired Ann Arbor police detective sergeant who now blogs about crime and safety for AnnArbor.
Prosecutors and trial courts are overburdened and necessarily must plea bargain most cases. The gray area is where we as citizens need the police to operate with confidence and good judgment.
Rasmussen College may not prepare students for all positions featured within this content. The threats to society get locked up, and the nuisance criminals get a pass until they graduate into more serious crimes or become a nuisance that cannot be ignored. What would you do if you were a state trooper in this situation?
He spoke in broken English and looked frazzled.
As a police officer, I have to make many choices. Oftentimes appealing to police discretion is the best way to avoid hefty fines or tickets. While administrators are often bound by bureaucratic regulations, law enforcement professionals at lower levels of the organization possess great leeway in the manner in which they perform their jobs.
However, when used appropriately, police discretion can enable police officers to effectively serve the public by enabling officers to make wise use of public resources, protect the public safety, and divert vulnerable populations from the criminal justice system.
Thus, reform efforts should maximize beneficial uses of discretion while carefully restricting discretionary measures that might undermine the rights of citizens.
I believe we are a nation of laws and our concern for border security does not end at the border. Because patrol officers experience less supervision and higher interaction with the public, the decisions they make have the strongest effect on how the law is enforced in the public sphere.
This sample criminology paper explores the level of personal discretion that officers have in enforcing the law. Police Discretion Definition Written by J. I stopped a car for expired registration and a seat belt violation. The classic example of police discretion happens when you get pulled over for speeding.
Theory of law enforcement versus reality on the streets There are many cases where the difference between the reality of law enforcement and the actual practice of law enforcement serves the public interest.
Thus, when police discretion is misused, it can lead to inequities in law enforcement among different socioeconomic groups in society and police conduct that violates the Constitutional rights of citizens. I could have just dropped him at the gas station and towed the car and issued him a ticket for driving after legal offenses.
External links provided on rasmussen. Young unemployed males and blacks are most likely to be incarcerated for their crimesp. The police should mirror the will of the people they serve. What should I have done? Further, while improper use of discretion can enable police officers to form biases that disadvantage certain groups of people, proper use of discretion can be utilized to protect vulnerable members of the public and prevent violence against other law enforcement officers.
Hate crimes carry more severe sentences, but it can be difficult to determine through evidence. As Groenveld notes, discretion is likely to be exercised in situations where fewer formal rules are established for handling the particular situation p. According to Ponddiscretion refers to the selective enforcement of the law by law enforcement officials p.
I do not take that oath lightly. This is another level of discretion in the system. Yet, despite the drawbacks of police discretion, those who support providing police with leeway argue that it is integral to their jobs.
Thus, while discretion is considered to be problematic, there are many cases where the ability of the police to use their judgment is necessary to preserve societal interests. More On This Topic.
Clearly marijuana possession in small quantities was something citizens, through their city council, viewed as harmless and no big deal. At worse, too much discretion can allow for abusive behavior, increases in racially motivated shootingsneglecting public safety, and other actions that prevent law enforcement from protecting the public.
The best cops operate in the gray areas of human existence. In many cases, an officer can decide to give an Police role discretion j a warning or even overlook a violation if they believe that the infraction committed was insignificantp.
Police Discretion is Not Absolute Of course, police officers still have to follow codified rules and regulations for more serious incidents.
Technically, if we were enforcing the letter of the law, those should be seized, logged into property, and a ticket issued. While there should be a balance between holding professionals accountable to the laws supported by the public, the allowance of discretion also acknowledges that police are professionals who can also determine the best manner to preserve the public interest.Criminal justice instructor and police officer discusses a recent experience handling issues of discretion in the "field".
Police Officers' Decision Making and Discretion: Forming Suspicion and Making a Stop A Report to The National Institute of Justice Geoffrey P. Alpert. 1 The Police Role in Society: Crime Fighter or Public Servant Chapter 7 Quote “The only thing necessary for the triumph of evil is for good men to dhi”do nothing.” Edmund Burke, 18th Century British Parliamentarian Abuse of Power by Police.
Police Discretion Definition Written by J. Hirby and Fact Checked by The Law Dictionary Staff Police discretion is a vague term that has an appropriately vague definition. The role of discretion in policing As a recent development in criminal justice scholarship, researchers have begun to focus on the level of discretion that police officers have in enforcing the law.
While administrators are often bound by bureaucratic regulations, law enforcement professionals at lower levels of the organization possess great 5/5(2).
POLICE SCIENCE THE ROLE OF POLICE IN A DEMOCRATIC SOCIETY FRANK J. REMINGTON Frank J. Remington is a professor of law at the University of Wisconsin, Madison.Download