Codella 1

Carter Codella

Chris Bertram

CJ 1010

July 20, 2019

Discretion in the Force

Discretion is the ability of criminal justice professionals making operational decisions

based on personal judgment instead of formal rules, laws, or official information (Gaines &

Miller, Criminal Justice in Action 5th Ed., 2009, p. 16). In your opinion, do you believe that

police officers should exercise discretion? Does it help the practice of law enforcement and

public safety? Does is assist the criminal justice system in functioning more effectively? Does

discretion raise ethical issues? Should discretion be eliminated?

In your opinion, do you believe that police officers should exercise discretion?

This question is a double edge sword. Because it only seems fair and right that officers

uphold the law and formal rules for everyone equally. So, it makes sense in my mind that

discretion is right and that they are bound to uphold these laws for everyone equally. However,

there is that little voice in the back of my head that says not everyone is created equal and some

may need adjustments. Those that come to mind are those that don’t speak English and are not

familiar with every law in our country. Officers should exercise discretion in this type of

situation. Also, young people and old people come to mind. Are they young and naive and just

need some education and maybe a kind gesture by the officer? Older people need to be given a

pass sometimes as well. It is not always easy for the elderly to remember all the laws. Which

brings me to those who are mentally handicapped. This population may not comprehend or

understand the law and not even realize they are breaking the law. An officer in this situation
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would be justified in using his/her own discretion on how to handle the situation. There are also

times that there are just emergencies. These situations require discretion as well. If you have

someone in the back seat of your car who has been shot, is chocking or giving birth, you don’t

have time to be pulled over for speeding and given a ticket.

It goes without saying that race plays an important factor in discretion as well. There will

always be racial issues in our country. As much as we try to push forward, the past comes back

to haunt us. Officers are constantly being accused of using race in their decision making. I’m

not an officer. I don’t understand the stress when it comes to those split-second decisions. But

you do have to wonder if the color of the skin plays a role in the discretion part of the decision

making. It’s been bread into our brains for 100’s of years that the color of skin determines so

much about you already. It can mean just because you are African American you are a criminal.

Or because you are Mexican that you are a drug lord. Whether this is right, which it’s not, is not

the question. The question is does it play a role in our system of justice? Yes, sadly it does.

Officers are bound by their oath to help serve their communities, not cause harm. By

showing discretion they are upholding their duties to protect the community. So, in answer to

the question, it seems that showing discretion in diverse populations and certain situations is a

officer’s duty.

Does it help the practice of law enforcement and public safety?

I touched a little on this topic in my previous response. As I said before, it is an officer’s

duty to keep the community safe. You can’t have a crazy man who doesn’t speak English,

running around in the streets with a gun. Even though the person doesn’t understand English

doesn’t mean he is above the law. There is still discretion that needs to happen by the officer.

However, the first duty is to protect the citizens. How he/she does this is where the discretion
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comes into play. So, for public safety it is a must for officers to be able use their own discretion

in handling situations. Every single situation is unique, and the persons involved are unique.

Not every situation is a “cookie cutter” scenario.

Officers are expected to perform under very high pressure and get results at the end that

everyone agrees with. This type of stress adds to the demands of the job. Using personal

discretion in situations can lead to public scrutiny. Other’s may not agree with the choice you

had to make. There is always a headline in the news stating that somewhere in the country an

officer had to make that hard decision and use excessive force to control the situation. Then the

public has an outcry of misuse of power. Some of these headlines are infact a misuse of power

and others may just be a great use of personal discretion by the officer.

Does it assist the criminal justice system in functioning more effectively?

The law begins with an officer arresting an individual. Using regulatory guidelines

provided to an officer, they make an arrest. This is the beginning of the process in the criminal

justice system.

“Law enforcement officers start the discretionary process. Law enforcement, out of

necessity, must engage in selective enforcement regarding the enforcement of laws and must

choose from a variety of alternative actions in order to resolve the situation. Officers must use

discretion when deciding to enforce the law when certain situations arise. For instance, unclear

laws, nuisance behavior, ambiguity in state statutes, moral standards, and outdated laws may

cause an officer to have an alternate resolution to the problem. Although discretion is a key

component to law enforcement, most discretionary decisions are based on misdemeanor or

traffic enforcement. Officers are obligated to follow state statute and agency policy and

procedure when making these decisions” (Discretion in Criminal Justice Systems).

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Every part of the criminal justice system requires discretion. From the arresting officer to

the jury of your peers. The need for discretion is very necessary. You can’t have a prosecutor

filing a charge without using discretion. You can’t have a jury convict without using discretion

when deciphering the evidence presented. Is there enough evidence? Does this individual

understand his rights? Was the evidence collected properly? Do we have enough to try this

individual as an adult? Does the crime fit the punishment? All these questions, and so many

more, need to be analyzed and weighed to find the right balance. The system is all about

balance.

Does discretion raise ethical issues?

“The U.S. criminal justice system is based on evolving philosophy regarding criminal

behavior, rehabilitation and justice. This philosophy, in turn, is based on ethics, which creates

the principles on which law and criminal justice practices are built and shaped ” (Ethical Issues

in Criminal Justice). Is it right? Is it wrong? Yes, and yes. The debate about using discretion is

going to continue to build. The top five most common ethical issues are:

 Determining an appropriate amount of force to use during arrests

 Protecting civilians’ rights while upholding the law

 Maintaining an ethical lifestyle outside of work

 Acting impartially when interacting with the public

 Avoiding profiling (Ethical Issues in Criminal Justice).

Ethics in criminal justice are continually being revisited and revised. One notable

example is the 1989 revision of the Law Enforcement Code of Ethics, the ethical code

followed by members of the International Association of Chiefs of Police. This revision

provided new guidelines for officers’ conduct during their off-duty hours and emphasized the
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importance of keeping personal feelings out of police work as well as the importance of

discretion, integrity and confidentiality in every action an officer takes while on duty” (Ethical

Issues in Criminal Justice).

Making the right choice for police officers can be very difficult. Sometimes the right

choice isn’t always clear. Sometimes people get hurt and mistakes are made. Using good

judgement and discernment is essential in good police work.

Should discretion be eliminated?

The use of discretion in our criminal justice system is vital to the way it works and

operates. It is necessary to keep our communities safe. The elimination of discretion will take

away the ability of officers to be effective.

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Works Cited

Discretion in Criminal Justice Systems. https://www.lawteacher.net/free-law-

essays/administrative-law/discretion-in-criminal-justice-systems-administrative-law-essay.php.

Accessed 25 July 2019.

Ethical Issues in Criminal Justice. https://legalbeagle.com/6028332-ethical-issues-criminal-

justice.html. Accessed 28 July 2019.