Another reason why discretion is particularly critical for police officers’ activity is the ambiguity of the modern laws. Need a custom Essay sample written from scratch by Thus, police officers can manage priorities and identify which violations need to be curtailed most urgently. However, police are not always supposed to … Environmental Aspects of Metal Extraction. IvyPanda. Police discretion is the power or authority that is given to a police officer to act officially in a manner that appears to be just and proper under the presented circumstances. Free Advantages and Disadvantages of Police Discretion Essay Sample Police discretion is defined as the freedom to choose how to respond to a given situation depending on the circumstances. Hence, for instance, a judge’s choice between imprisonment and probation implies discretion. Individual judgment, in this case, becomes the main mechanism of the functioning of the criminal justice system (Dempsey & Forst, 2015). . Imagine that Officer Bob is on patrol when he notices that an automobile is driving in the rain without its lights on, which is against the law in the state. First, who would decide which crimes are "must arrest" or … That choice is extended by the law and it is to be exercised on one’s own discretion. The use of discretion allows the police officer the flexibility necessary to perform his job. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. As a result, courts would be overloaded with work. Police discretion is a pillar of modern policing, particularly in the UK. Dempsey and Forst’s (2015) assumption, that a consistent value system is the most effective regulator of police discretion, correlates with Kristen Ziman’s view on the problem. 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. Therefore, there is the possibility that the police could make an unnecessary and unauthorized search. Additionally, discretion can be impacted by the organizational structure of the relevant police department. Police discretion is a fact of life but let's not confuse discretion with assigning priorties. IvyPanda. Because of the power that police have to deprive citizens of their life and liberties, the role of discretion in policing is of great concern to scholars and th… The officer follows the car and it continues to go 30 miles over the speed limit. Under the Fourth Amendment, one has the right to be free from unreasonable searches and seizures. Create a list of ten actions during which an officer might use discretion and why. Thus, Dempsey and Forst (2015) describe this notion as “the availability of a choice of options or actions one can take in a situation” (p. 143). The database is updated daily, so anyone can easily find a relevant essay example. Discretion definition and examples. What’s your deadline? Retrieved from https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. In this case, police are given discretion, or freedom to decide, on the job to make decisions, but there is a ‘thin blue line’ that the police cannot cross or they will be in violation of the law. The characteristics of a crime, or the gravity of the violation, are another impact factor that should be pointed out. Parole boards, in their turn, are enabled to exercise discretion when deciding whether defendants should serve the assigned sentence completely or they be potentially paroled from prison. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing. Police discretion is a constant consideration within Police services. Two examples of abusing police discretion are when racial profiling is used to arrest or make a case, and when there is a set policy within the department but the officers on the street make decisions that are not consistent with this policy. professional specifically for you? A couple examples of police discretion would be an officer witnesses a car driving down a street doing approximately 30 miles over the speed limit. In the policy context, for instance, discretion is essential to preserve the balance between law enforcement and order maintenance. "Police' Discretion: Definition, Examples and Rationality." An introduction to policing [Bookshelf library version]. Meanwhile, Dempsey and Forst (2015) emphasize the fact that the described methods should be considered as supplementary. One example of police discretion is when you get pulled over by the police for over speeding, they may let you off with a warning or book you a ticket depending on how appealing you are to the police discretion. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. Despite the ambiguous character of the discretion outcomes, there is a series of reasons that explain the need for its exercising. Otherwise stated, discretion allows for distinguishing between minor and major abuses and pointing out the cases that require law enforcement. Thus, according to Dempsey and Forst (2015), serious crimes impose restrictions on the discretion extent. Therefore, it might be concluded that discretion is important as it allows for aligning legislation with its practical enforcement. There are various reasons why the use of police discretion is a positive aspect of a police officer’s position. 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