...and Justice Administration, and was made a member of both Phi Kappa Phi and Golden Key International Honor Societies. Ms. Halliday has worked with and studied criminal justice issues in Australia, the United States, and the United Kingdom. Her current research interests include transnational sex and drug trafficking, and police fitness testing and standards. LEJA 518 - Issues paper: Police discretion. Gemma L. Halliday Western Illinois University “Enforcing the law without fear or favor” (Goldstein, 1963, p. 141). The very nature of police work is extremely complex in today’s society. Police officers play an important role comprising of many different tasks concerning; actually enforcing the criminal law, performing order maintenance and other miscellaneous services. It is through these duties and services that police are constantly intersecting and interacting with the community on a daily basis. Thus, they hold a very prominent and powerful position in society that requires them to protect these people’s morals, principles and values. And, the way in which police officers go about their duties and enforcing the law should reflect these morals, principles and values in an evolving, dynamic, and complex society (Jones, 2000; Gaines & Kappeler, 2003). Discretion plays a role in nearly every...
Words: 5049 - Pages: 21
...Police Discretion Case Analysis Albeiro E. Florez Law Enforcement Administration CCJS 340 Due by 13 October 2013 Author Note Albeiro E. Florez, Department of Criminal Justice, University of Maryland University College. This report is a response to Professor Jeffrey B. Bumgarner’s project 2 directives. Correspondence concerning this report should be addressed to Albeiro E. Florez, Department of Criminal Justice, University of Maryland University College, Adelphi eCampus, Adelphi, MD 20783. Contact: florezalbeiro87@gmail.com 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. In law enforcement, sworn officers are taught to face any situation by employing good judgment and making the best decisions by themselves or with little to no supervision. This is what we know as police discretion (The Rynard Law Firm, 2007). The Merriam-Webster dictionary describes discretion as “the quality of being careful about what you do and say so that people will not be embarrassed or offended” (Merriam-Webster, 2013). Although systematic routines and protocols need to be followed by officers to ensure they abide by the law as well as to enforce it, often circumstances will show up and force officers to make a decision based on what they feel is right...
Words: 2424 - Pages: 10
...The police response to delinquency in dealing with juveniles is different than police response in dealing with adults. A status offense committed by a youth is most often resolved at the police officer’s discretion, depending on the specific incident and the resources available. Therefore, it is important that a police officer has increased discretion when dealing with juveniles for several reasons. It is the job of police officers to continue with the functions of maintaining order and serving the community. When a status offense is committed, a police officer must decide whether to issue an informal warning, a formal warning, or apprehend a juvenile offender. Police officers are especially well served by discretionary decision-making. Discretionary decision-making can allow police officers to make flexible, common-sense decisions which are based on local knowledge and their experience of what works best. The police officers from rural areas may handle incidences differently than officers in urban areas. Youth are not allowed to get away with as much in some areas as others. For instance, rural law officers may view a certain behavior as criminal and turn the youth over to juvenile authorities. An urban officer, however, might view the same behavior as a prank and release the youth, with or without a warning. The actions of a police officer frequently reflect the interests of the community in which they serve. It is important the officer has discretion to resolve...
Words: 346 - Pages: 2
...Every day people make decisions to choose what should be done in any given situation. Knowing what is appropriate and what is inappropriate is the freedom to utilize action or judgment to make these decisions. In law enforcement, police professionals are trained to be able to face any task or situation by utilizing good judgment and making sound decisions alone or with little or no supervision. This is the heart of police discretion ( The Rynard Law Firm, 2007). Discretion is the quality of having or showing discernment or good judgment within certain legal bounds (Merriam-Webster, 2012). Although regular routines and protocols should be followed by officers to make sure that they abide by the law as well as enforce the law, often situations arise that force officers to decide or act according to their own judgment. Even though the Chiefs of police are not in the field, they still have to use discretion in making very important decision that affects the department and the community as a whole. In the DC Sniper case, Chief of Police Charles A. Moose use discretion in the investigation by deciding what information should be shared with the public. As the Chief of Police one of his most important duties is to reassure the public of their safety. While trying to keep the public informed without causing panic, Chief Moose limited the details of the investigation in order not to alert the snipers. With this being one of the most tumultuous killing sprees within the DC, Maryland...
Words: 1100 - Pages: 5
...discretional power to police and others in the justice system without enforcing the limits, we are asking for trouble. Everyone makes mistakes in their lifetime, it’s just a natural part of being a human and sometimes because of those human errors innocent people fall victim to wrongful accusations and end up in prison over a crime that they didn’t commit. Most officers and prosecutors don’t want to put innocent people in jail and there are relatively few officials out there that abuse their discretional power and spoil everything for us all. I agree with the statement that was made but only to an extent. I argue that discretion is more good than bad and is a necessary evil that we need even though there is a chance that it could be abused by the people that control power. Furthermore, I argue that the theories and laws to limit the discretion officers and prosecutors have are useless because they are usually not enforced strictly enough. One of the reasons that we need police discretion is because of how narrow most laws are when they are created. The nature of our laws prevents them from fitting every situation that comes up which is why we have trials to test a man’s innocence. Not every person who commits a crime deserves the full force of the punishment that they might receive. Some criminals deserve more while others deserve less because of the circumstances of the situation. Some proponents of police discretion argue that, without it, many police officers wouldn’t be...
Words: 1617 - Pages: 7
...system (judges, parliament and law enforcement) has its own discretion. Police discretion is the ability granted by the legal system to police offices, in certain situations, to act in a manner that allows authorities to make responsible decisions and individual choices or judgments, within certain legal bounds. In law enforcement, discretion is left up to each individual officer to make reasonable and responsible decisions out in the field everyday (Beech, 2008). Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation. There are also times when the officer has no choice but to use specific discretion in certain situations and make a decision on what type of force is necessary for certain situations (Elicker, 2007). Society believes that an officer can make any choice he or she chooses at anytime while on the job, which is highly incorrect as there are many situations when an officer has no choice but to follow the law. For the most part every officer has a choice when to use or not to use discretion, and enforce the law, but allowing this choice to be made by individuals, who may seem like an average member of society, can pose a real threat regarding the misuse of such power (Delattre, 2006). Police discretion though it relates to decisions about whether or not a chargeof the police officer in that situation where force may be required. Police officers are given a wide range of options when confronted by a potentially...
Words: 2669 - Pages: 11
...Bernard, J. Thomas, Calnon, M. Jennifer, Engel, S. Robin. Theory and racial profiling: Shortcomings and future directions in research: Pages 250-273. 20 October 2015. The authors reviewed thirteen studies that collected data on police-citizen contact during traffic stops or interrogation. Each found racial disparities in the total rates of the stops. Criminal justice researches have focused on determining the relative influence of legal factors on decision making. Researchers found that the impact of racial prejudice on criminal justice agents’ has decreased in importance for at least thirty years. Prior to the 1970’s racial prejudice was appropriate and reasonable, but since then police departments have made managerial efforts to reduce prejudice...
Words: 371 - Pages: 2
...fully acknowledged and disclosed in the paper. I have also cited any sources from which I used data, ideas, words, either quotes directly or paraphrased. I also certify that this paper was prepared by me especially for this course. 1) How is the patrol function affected by the officer’s shift assignment and the nature of the beat to which he or she is assigned? The patrol function is affected because of the hours of being bore. Police become bored around two and three o’clock. They use this time to stay alert by chatting with other officers and drinking coffee. 2) What are some of the occupational hazards that are inherent in beat patrol? What does H.R. 218 permit? Police officers losing their lives in the line of duty because, of not knowing what to expect from emergency calls and even a non-emergency calls. They don’t know if the person whom they are about to confront is armed, on drugs, or plan to get revenge on a police officer because of personal issues in the past. H.R. 218 permits qualified police officers from carrying a concealed weapon with the exceptional of officers who’ve retired and have at least fifteen years of service experience (Law Enforcement Officers Safety Act 2004). 3) What is meant be suicide by cop, and what is two-step investigative process that must take place to determine when it has occurred and to analyze the phenomenon? Suicide by cop is defined as an act motivated in whole or in part by the offender’s...
Words: 670 - Pages: 3
...involves a conscious, purposeful decision to disregard a directive, protocol, or normative behavior in favor of some alternative recourse deemed to be more appropriate to the current circumstance or condition. The exercise of discretion is fraught with risk, however. Deviation from direction may be construed as disrespect, disobedience, or worse. But a failure to identify the appropriate application of discretion may brand the leader as insensitive, unrealistic, or a martinet. The various elements and characters in the criminal justice system are replete with the opportunity (and the necessity) for the exercise of discretion, none more so than the law enforcement function. The role of the police administrator is doubly challenging, as he or she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members of the agency. Project Assignment: You will submit a concept paper describing two discretionary situations for a police chief. The situations may focus on either operational issues (e.g., uniform patrol deployment, criminal investigation/arrest, traffic control, crime prevention, etc.) or administrative issues (e.g., disciplinary action, hiring, training, budget/procurement, public information, etc.). The exercise of discretion in one situation may be appropriate while being inappropriate in another. For each situation, you will describe: the situation, the controlling protocol, and the discretionary alternative(s) the reasons...
Words: 510 - Pages: 3
...paper Many things play a role influencing how criminal justice officers will act and how the actions will affect the criminal justice system and the society that they have to protect and serve on a daily basis because of the influences of their actions. In the paper, it will be discussed the assess risk, responsibility, and financial effect working together with discretionary power worked out. By staff in the criminal justice system, and What part does a civilian oversight committee have in guaranteeing authoritative forces not manhandled as it applies to policies, procedures, risk, monetary elements, and discretion. Assess obligation, responsibility, and financial effect working together with discretionary power practiced by staff in the criminal justice system. Every organization to attain and maintain, a culture of honest a more efficient model with discipline has to apply also sustained. The administrators must embrace the new paradigm with self-accountability for each staff member one of them were head managers are not free from which means. The objectives should be to obtain self-accountability rather than just making officers liable following their act of indiscretion. Even though punishing staff members, for violating a policy that includes each tradition also common sense. There are more than numerous various approaches which could eventually come out, to the final stage of self-accountability also integrity. The entire paradigm of job environment punishment, also accountability...
Words: 1544 - Pages: 7
...English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making laws is to maintain law and order in society, a peaceful environment for the progress of the people. In true and real sense there is no rule of law in Bangladesh today. Law in Bangladesh follows a course of selective and discretionary application....
Words: 3323 - Pages: 14
...Introduction ‘Quis custodiet ipsos custodes?’- The Satires of Juvenal Over the years, the New South Wales police have received expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace...
Words: 3088 - Pages: 13
...Contents Concept of Natural Justice ................................................................................................... 1 Definition ......................................................................................................................... 1 History of the growth of Natural Justice .......................................................................... 2 Two Rules of Natural Justice .............................................................................................. 3 Right to a Fair Hearing ..................................................................................................... 3 At a Glance ................................................................................................................... 3 Scope of Fair Hearing ................................................................................................... 5 Aspects of a fair hearing ............................................................................................... 6 Rule Against Bias ........................................................................................................... 12 At a Glance ................................................................................................................. 12 Scope of the Rule against Bias ................................................................................... 12 Forms of bias .........................................................................................
Words: 8851 - Pages: 36
...Deputy State’s Attorney (a) earnings/salary range (why is there a range? Are there any other benefits besides monetary compensation?) The median annual salary of an attorney employed in the United States by a local government was $95,950 in May 2013 (Bureau of Labor Statistics [BLS], 2013). The bottom 10 percent earned less than $51,220, and the top 10 percent earned more than $154,150 (BLS, 2013). “Lawyer salaries can range widely based on several factors such as the size of the firm, the number of employees, kind of law being practiced, location of the firm, the type of clientele served, how much the lawyer is willing to work, and amount of experience gained through law school” (lawyercareer.net, 2014) . In regards to non-monetary benefits, “local government employees typically have access to a number of major benefits in their compensation packages, including health care, retirement and savings, and paid leave” (BLS, 2011) . State and local governments tend to spend more on voluntary benefits at $13.24 per hour worked for their employees, compared with $7.66 for private-sector employers (Employee Benefit Research Institute, 2008). (b) Educational and training requirements (what does an individual need to possess and/or pass to get into this field?) Possession of a bachelor’s degree is required for admission into most law schools in the United States (BLS, 2014). Getting accepted into law school, especially those accredited by the American Bar Association (ABA),...
Words: 811 - Pages: 4
...function is affected because of the hours of being bore. Police become bored around two and three o’clock. They use this time to stay alert by chatting with other officers and drinking coffee. 2. What are some of the occupational hazards that are inherent in beat patrol? What does H.R. 218 permits? Police officers losing their lives in the line of duty because, of not knowing what to expect from emergency calls and even a non-emergency calls. They don’t know if the person whom they are about to confront is armed, on drugs, or plan to get revenge on a police officer because of personal issues in the past. H.R. 218 permits qualified police officers from carrying a concealed weapon with the exceptional of officers who’ve retired and have at least fifteen years of service experience (Law Enforcement Officers Safety Act 2004). 3. What is meant by suicide by cop, and what is the two-step investigative process that must take place to determine when it has occurred and to analyze the phenomenon? 4. What are some of the major findings of studies of the patrol function? (Emphasize in your answer the Kansas City Patrol Experiment.) 5. What is meant by discretionary use of police authority, and what are some of its advantages, disadvantages, and factors that enter into the office’s decision-making process? 6. Why is the traffic function important in patrol work, and how can it bring about bad citizen-police relation? 7. Why is the patrol vehicle so important...
Words: 501 - Pages: 3
