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Presence of others. Presence of other officers—their expectations. Bernard has a difficulty in
deciding which bank to take the mortgage with, therefore he has decided to use multiple criteria
decision analysis (MCDA) to solve the problem. Injustice, violence, hate, anger, rage, racism,
unlawful, innocence, murder, and color are a just a few things that invokes police brutality and the
terror that takes place within this world. Due to the challenge of digression from acceptable
operation standards, police discretion is recognized as a tool. Police officers making arrests for
drunk driving have been classified in different ways: the rate busters, the moralists, and the bounty
hunters53. Moreover, their discretion may be affected by factors which include the inappropriate use
of subjective and demographic factors to impact on their decisions as police officers. Some
condition variables also cause police discretion. There are three factors that come into play that limit
patrol officer discretion. This area of discretion often presents the police officers with tough
decisions to make since it includes some aspects of counseling and social work. An officer’s
discretion is influenced by two factors: his or her desire to maintain a certain image in the
community and his or her community’s expectations of the appropriate police response. Domestic
violence is one of the areas where police discretion is applied46. Meaning they will encounter
situations differently, therefore exercising their discretion differently. In addition, some judgments
will be made in favor of some people while others will be made in order do revenge on the part of
the officer. What seemed to be left in tack was an unknown talent that I have to be cunning and
quick thinking on my feet. The Global Context: International Crime and Violence Sources of Crime
Statistics Sociological Theories of Crime and Violence. However, Kamm emphasizes the fact that
moral elements can have different roles in various conceptualizations, and may impact on moral
assessments in instances which turn on other elements present33. Police enforce laws that reflect
society’s values and morals. Hence, by giving them all this discretionary power without the
appropriate education and training behind them to fairly exercise it, undesirable disparities based on
offender characteristics and potential misuse are much more prominent. Atherton, Tim. Managing
Police Discretion. 2010. Web. These include official department policy, which also happen to have a
powerful influence over police discretion. As police officer’s we are faced with being held
accountability for every decision that we make. Nevertheless, over the years the use of force has
been under scrutiny by citizens who have complained causing civil liability which have caused police
officers to become more prudent when using force. This type of management system has the ability
to. However, their discretion in not making arrests also includes considerations like laziness
(avoiding court dates and paper works); opinions that DUIs are not serious crimes (low priority); and
a lack of faith in the arrest itself (belief that there is no point in making arrests)54. York Police
Department officers are required to fill out a report every time they pull out. It is these individual
discretionary decisions that come about as a direct result of different factors that exert certain
influence over a police officers choice, whether to go by the book or use their own judgment. Any
individual who has an apparent complaint with the police can disrupt regular acts like rendering
assistance to lost children, taking accident statements and issuing traffic infringements. This means
that police discretionary practices are going to vary from officer to officer, department to department,
and from jurisdiction to jurisdiction. As we go into more complicated type of discretions such as
discretion on domestic violence. What does that mean?. Police. The police are gatekeepers of the CJ
process.
They often end up not making arrests in these situations because they believe that domestic violence
is a private matter and they do not want to involve themselves in these situations. The frisking
process is used to conduct a limited protective search for concealed weapons or dangerous
instruments. As a result, many court decisions have unfairly targeted racial qualities in considering
suspects. When eyewitnesses, spectators or the media are present, police are likely to be much more
ceremonial. Given that there is a sphere in which police are endorsed to use their discretion, there are
additional issues of police judgment to be discovered. The discretion used by the police weighs in
heavily on their attitudes about certain races and ethnic groupings. Minnesota Advocates for Human
Rights, 1 Sept. 2003. Web. 18 Mar. 2014. Many citizens and critics of this law believe that this is a
law which would open the doors to abuse of discretion among police officers as immigration has
now been considered a criminal offence. Public Administration Review, Vol. 23, (3), pp. 140-148.
The paper thus discusses a hypothetical anarchists group in relation to a terrorist network operating in
Western Europe. These kinds of people only try to disrupt the work of police officers simply because
they had an argument or complaint with police officers. Discretion is a vital and significant aspect of
every decision made by a police officer to charge a person. Keep on browsing if you are OK with
that, or find out how to manage cookies. It doesn’t matter to me” (Officer W, Blue City PD). This
Article will therefore be an attempt to determine how the visibility of such police decisions may be
increased and what procedures should be established to evaluate them on a continuing basis, in the
light of the complex of objectives of the criminal law and of the paradoxes toward which the
administration of criminal justice inclines. These factors include situational factors, organizational
factors, and social and political factors. Permitting people to yell at the police in public threatening
them with political phone calls, as well as to ridicule their abilities cannot become ordinary. There are
people in the community who are very stubborn when it comes to police discretion since they are not
ready to accept any decision by the police officers even if it is authorized. The officer may not want
to take the appropriate action but they know they must make the right choice or weigh the
consequences. These police officers are also reluctant to carry out arrests because these arrests may
deprive the family of their breadwinner and leave the family without a source of financial support52.
The immediate work environment also influences police discretion. And guidance by law and
professional expertise simultaneously. If education is not put into place then the younger officers will
follow the lead of the complacent veteran officers. The public relies on officers to make the right
decisions and maintain order and peace. BLS Census of Fatal Occupational Injuries (CFOI)709
workplace homicides in 1998 12% of the total 6,026 fatal work injuries in the United States. If the
sergeant believes there is not enough evidence or there are areas that are built off of racial bias, the
officer must than worry about whether or not the arrest will be signed off. Having been a victim
myself in the past I understand that there may be different types of domestic issues and that not all
cases are the same. It is often enticing to discount this because in both instances, race is used to
screen a group, only that in the first instance, the group includes all individuals, and in the second
group, all individuals who also meet other criteria32. However, the issue of the legalization of drugs
is another matter for another discussion. Police officers in fact have been known to stop African-
Americans passing through predominantly white neighbourhoods because they believe that these
people do not belong in this neighbourhood and may be involved in criminal activities in the area.
Over-bureaucratic departments: too much punishment alienates officers. The differences were largely
among the options of, take no action, obtain warrants, or refer to a social service agency. There are a
lot of issues that the management needs to readdress looking at the attitudes of workers and
supervisors on the factory floor. Graduate Portfolio, Katarina Misovic, 2024 Graduate Portfolio,
Katarina Misovic, 2024 Police discretion 1. 2. From 3. Syllabus for JUS 205 (2004). When an
officer’s arrest results in going to trial or building a case, they must worry that a defense attorney
could challenge the evidence at trial and have the judge exclude it because of a possible illegal search
or something set in stone or mandated through the supreme court, or through decisions already
processed by the state court. Mid-level Case Management Tariff Pre-Authorizations. Hate crimes be
defined as criminal acts that are motivated by hatred or intimidation of particular person or group
because of their beliefs, disability, race, and sexual orientation (FindLaw, n. d., p. 1). In police work
there is always room for further education and improvement, this will only better the quality of
discretion. Darren Wilson MICHAEL BROWN EVIDENCE OPINION State of Missouri vs.
Included within these are: official department policy and informal organization culture. The
consequence most frequently is to arrest no one and do nothing. Highlights and Points of Emphasis
for Chapter 51 and 55 Issues October 22, 2009. Under law, all groups and citizens within society are
supposed to be treated fairly and equally. He compared the Federal Trade Commission, which is an
administrative agency who has the responsibility of developing enforcement policies, and the local
police departments who have a similar role9. Understanding the officer’s knowledge of current
policy and procedure and expectations is an important part of supervision. Application of Remote
Sensing and GIS Technology in Agriculture by SOUMIQUE A. As previously stated, the police are
the most active agents of the criminal justice system being the gatekeepers. In law enforcement,
sworn officers are taught to face any situation by employing. All in all, police officers are often
faced with situations of drunk driving and they often have to make decisions on what to do about
these drunk drivers; these decisions in many instances may be coloured by unfair and illogical
perceptions about drunk drivers and drunken driving. Globalcompose.com sample research paper on
analysis of type function model an. It is typically made from terrycloth, which is a type of fabric that
is woven from yarns that are looped back on themselves. It is especially important for officer’s to
have mandated training every year and other non-mandatory training as well. The amount of items
that will be exported is indicated in the bubble next to export format. The use of police discretion
repeatedly comes under inspection. However, their discretion in not making arrests also includes
considerations like laziness (avoiding court dates and paper works); opinions that DUIs are not
serious crimes (low priority); and a lack of faith in the arrest itself (belief that there is no point in
making arrests)54. The use of prosecutorial discretion within the court system allows the prosecutor
the freedom or authority to make judgments based on the existing circumstances as he or she
perceives them. The surfacing of police plans such as disaster intervention teams demonstrates this
emphasis on police accountability. In these situations, the police officers act to protect the interest of
the wider community and provide the required security. Thus, it is this behavior that influences
individual officer discretion, because everyone has a different way of doing things and a different
style of policing i.e. more legalistic or watchman orientated. And guidance by law and professional
expertise simultaneously.
For example; laws and statutes regarding use of force, legislators have enacted laws such as this to
restrict an officer’s use of discretion. This means that there are alternatives that have the possibility
of leading to considerably different results. It will discuss how discretion can lead to inconsistencies
in law enforcement, potential for bias and abuse of power, and the impact on community-police
relations. Finally, there is prostitution, which is considered to a crime against morality and public
order. As a department we have our own set of policy and procedures but it is up to the officer to
understand them and utilize them. An issue in many cities is dealing with chronic alcoholics in
which results officers to. As police officer’s we are faced with being held accountability for every
decision that we make. This is because the judgments are not always correct. The Canadian
government has passed a Young Offenders Act legislation in which a police. Disorderly conduct
discretion is applied when the person feels as to what is disorderly. Page 1 There are many areas of
police work where discretion is exercised. If you want a unique paper, order it from our professional
writers. Five ways in which officers differ from each other. (1) View of human nature. (Cynicism) (2)
Different role orientations. Victimizing leads to the belief of personal vulnerability, because the
victim may allow themselves, in certain cases, to be involved in the factorization by not. Challengers
of Arizona's legislation term it a police free pass to harass Hispanics despite citizenship status
according to the New York Times website. Findings also suggest that blacks and Asian Britons are
often unfairly targeted by the police for stops and searches. The police need to cultivate an
environment in which they can convey public safety without being subject to screaming, allegations
and obscenities from any party, even blameless parties. Immediate factors are just one group of
factors or prospects of context that describe the arrest decision (Morabito, 4). The ethical dilemma
that faces lack of accountability of police in America is. Certain divisions such as the legal fraternity
would perceive the powers of discretion all but eliminated whilst campaigners of community
policing see a requirement to unwind written directives and permit police a more elastic approach to
problem solving within the society. Police use discretion in various situations, some of it officially
endorsed, but much of it merely included in the prospects of the job. Police officers in fact have been
known to stop African-Americans passing through predominantly white neighbourhoods because
they believe that these people do not belong in this neighbourhood and may be involved in criminal
activities in the area. Here an officer has the fundamental choice of arresting one or both. A review
of definitions of police discretion notes that there is no legal definition of the term, but the most
widely quoted definition is that of Kenneth Culp Davis: “A public officer has discretion whenever
the effective limits on his power leave him free to make a choice among possible courses of action or
inaction. They favor people who are nice to them or who live sleek lives. Officers are responsible for
making a judgment if there is enough probable cause or not. These officers are also sometimes faced
with uncooperative females who are unwilling to press charges, to testify against their partners or
husbands, or who are unwilling to leave their husbands51. There are people in the community who
are very stubborn when it comes to police discretion since they are not ready to accept any decision
by the police officers even if it is authorized. An officer may not be able to pursue this individual
unless there is a victim or a posed threat to society. Kansas, Michigan and Wisconsin that showed us
how discretion is the “low level decision-.
As a result, the rate of Hispanics and Black Americans being stopped during routine stops and
searches is usually higher, but the probability of these searches leading to actual arrests has been low.
Explanations of police officers behavior concerning factors that exerted influence over their decision-
making, and situations in which discretion was most commonly exercised were examined. Police
officers are also often influenced by previous experiences, including situational and attitudinal
elements. The kind of weapons involved in a crime dictates police reaction and investigatory
attempts. As mentioned earlier, the officer absolutely knows that he will be accountable to any of the
choices that he makes, which makes him to become very keen in making his choices since they will
influence the wider community. The results would not be very pleasant a lot of burden would be
placed on prosecutors and. Legal Proceedings. Police Agencies (local, state, federal). All in all,
police officers are often faced with situations of drunk driving and they often have to make
decisions on what to do about these drunk drivers; these decisions in many instances may be
coloured by unfair and illogical perceptions about drunk drivers and drunken driving. It was
Kelling’s belief that giving officer’s the okay to use their own discretion it also gives an officer the
responsibility to make the right decision. (Metzgar) During the late 1960’s and early 1970’s, Frank
Remington, Herman Goldstein and others advanced the notion that police departments are
comparable administrative agencies whose omplex work is characterized by considerable use of
discretion. With department policies an officer has to be concerned about complying with the policy
in certain situations. Philando Castile, a black man who was shot and killed by a Minnesota police
officer, was recently acquitted of second- degree murder after the officer claimed he shot him
because he reached for a gun. Necessary safeguards on the use of police discretion during these stops
and searches have been suggested by the Mannheim Centre for Criminology in order to decrease
ethnic tensions29. Injustice, violence, hate, anger, rage, racism, unlawful, innocence, murder, and
color are a just a few things that invokes police brutality and the terror that takes place within this
world. A more modern view posits that police discretion is a valuable and necessary part of police
work. These can conflict with each other—e.g., formal dept. standards may conflict with peer
expectations. Police commiserate with, and only address some criminals. Quality of older officer’s
work higher. Gender. Some evidence suggests that female police officers are less aggressive. Firstly,
there are few uncontroversial areas of police occupation, unlike other occupations, and secondly, the
public appears reluctant to trust casually in the responsibility of police officers. Factors which
usually impact on police discretion in arrests include race and ethnicity, as well as the seriousness of
offenses, the demeanour of suspects, poverty, and social marginality47. In some cases, a law
enforcement officer may stop and search an individual for an exterior pat-down after a reasonable
suspicion that the individual is armed, engaged, or about to engage in criminal behavior. In the
Wilkins case, police officers displayed abusive behaviour and in Randolph’s case, the number of
times he was stopped was clearly abusive. When grievances about an officer’s behavior are raised,
entities such as the Anti-Corruption Commission, Director of Public Prosecutions and Police Internal
Affairs or Investigations in many countries are authorized to test the discretion of that officer. These
are the type of discretions that I spotted in this scenario. Stiles Grantham University Administrative
Discretion 2 Abstract To understand what the advantages and disadvantages to restriction of laid
down rules for Public Administration, one should look at the views of Max Weber and of the more
modern thinkers of our society. Travelling in the wrong neighbourhood can also cause African-
Americans to be unfairly judged and for the police discretion to be abused. Police often give severe
crime matters more concentration than unimportant non-crime matters. In a study by the Home
Office, black people have a higher likelihood of being pulled over by the police officers for routine
stops and searches7. It is believed that most women once beaten by their husbands run into the
hands of police officers to seek justice. In a discussion by author and criminal analyst Frank
Remington, he acknowledged the fact that police officers must have a significant role in moulding
and establishing a proper law enforcement process for the general population8. Police officers seem
to be highly influenced by the stereotypes about black people being criminals or offenders.