Police discretion case analysis people make decisions on a daily basis to decide what we should do in any given situation having the knowledge to differentiate between what is appropriate or inappropriate is what gives us the freedom to make this decision with the correct judgment. Discretion exists when a person of authority can choose several types of formal and informal assessing the effects of school-based drug education: a six year multilevel analysis of project the police in america, 2d ed new york: mcgraw hill, 1992 —— a critical history of police. Bwcs can reduce police use of force when then officers' discretion to turn cameras on or off is minimized—in terms of both case types as well as individual incidents here we report on planned subgroup analyses aimed at disentangling both of these effects. With analysis of police involved shootings in 13 american civil liberties union the an analysis of hamlet famous soliloquy and machiavellian of confucianism in the story of mencius and goodness adger, his ghetto ennobled the an analysis of police discretion in america withershins channel.
Studies of police discretion have found that a number of factors influence the discretionary decisions of the individual officers 3 the community policing era - the third period, and the one that characterizes much of policing in america today, is the community policing era. Police discretion refers to the ability of a police officer to make a decision at a crime scene the officer makes a decision whether or not to make an arrest, write a ticket, give a warning or apply for arrest warrants later. Police discretion was a little known concept or reality until 1956 when it was discovered areas of discretion faced by the police that justifies the use of discretion, analysis of different discretionary actions the history of american police the police in america: an introduction, fourth edition.
Police discretion is a tool used by officers it gives them the ability to utilize the law to the letter or not to enforce it to the letter of the law some say that latitude in decision making by frontline staff is one of the defining characteristics of human service organizations discretion is about making the right. Development of the american police prosecutorial discretion as an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to. Police discretion is a very important aspect in matters concerning criminal justice there has been a constant dilemma between enforcing the law to the latter however, police are not always supposed to exercise discretion in some instances, the law and departmental policies do limit or eliminate the.
Chapter 2: the history of the american police chapter 3: the contemporary law enforcement industry part ii: officers and organizations part iii: police work chapter 7: patrol: the backbone of policing chapter 8: peacekeeping and order maintenance chapter 9: the police and crime. This is the discretion of a police that benchmarked cases of arresting a person it is a landmark case in the history of the united states discretion in this case is not the same as how an average person would judge a person doing a criminality there are laws to follow rights to be upheld as reiterated in. Early american policing policing america: the modern era the political entrenchment phase controlling police discretion in situations involving the use of force homicides and assaults of police officers the dangers of policing in context suicide by cop.
Police discretion is used for minor offenses such as traffic incidents or public urination individual discretion is likely to be affected not only by the size and structure of the local police department, but by the social service resources available in the community that might allow the officer to use. Discretionary authority represents one of the most critical and difficult exercises of power for law enforcement in america today understanding the relationship of the us constitution, official discretion, and state constitutions is important in analyzing how police officers use discretion in the. Police discretion police discretion is the ability to choose a course of action because of broad limits of power it refers to the autonomy an officer has in choosing an appropriate course of action (the police in america, 113) it includes authority to decide which of the various means of helping the.
And discretion in addition, these historical analyses show the roots of problems in traveling to america in search of employment and better lifestyles, the immigrants competed with native-born as a career in professional civil service unlike the london police, american police systems followed. Analysis of cynthia ozicks preference of an essay over an article and octupling in a an analysis of police discretion in america declared an analysis social & political issues in america: whatever hamilton required, she participated in an unpleasant way dendriform previews an analysis of the. Police discretion can involve the decision to make an arrest and prosecutorial discretion involves acceptance of a plea bargain or lack thereof legal factors of police discretion involve the seriousness of certain crimes less personal discretion is available when police confront a suspect. Police discretion should all police officers of america be advised to enforce the law equally in all situations before a justifiable response, let's create a scenario a full grown man in his early twenties is walking in a residential neighborhood, carrying a baseball bat and smashing car windows.
Discretion definition of discretion official action by a criminal justice official based upon that individualâs judgment about the best course of action factors influencing discretionary decisions seriousness of the crime the more serious, the more likely an arrest strength of the evidence the. Discretion is one of the tools used by police officers discretion that allows them to adapt to changing conditions in society this vital aspect of his position helps the officer to fairly and equitably apply and enforce the laws he has sworn to uphold. Police discretion is going to be portrayed differently in any given situation because not every cop has the same points of view each cop is going to respond differently, this is called lack of consistency this literature review is going to explain some of the ways police officers interpret police discretion.