police as gatekeepers
1. Police hold a pivotal role as ‘gatekeepers’ to the criminal justice system. Identify the key decisions that police make in relation to law enforcement, and discuss both the positive and negative implications of police discretion for the administration of justice.
The police play an integral role as ‘gatekeepers’ to the criminal justice system. Discretion is a major factor in the criminal justice system and refers to the choice to do or not do something. The police enforce their discretion in accordance with legislation, guidelines and legal precedent. The police make decisions at every stage of the criminal justice system in relation to law enforcement and how these decisions have significant impacts on the administration of justice. Therefore it is impossible to be completely objective in the criminal justice system allowing justice to sometimes be miscarried. This essay aims to outline the positive and negative effects of police discretion and how these decisions are made from the reporting of crime, investigation and arrest phase in the criminal justice system.
POLICE ROLES
The police are ‘gatekeepers’ to the criminal justice system because they “introduce people into the system through their decisions whether or not to arrest a person involved in a criminal incident” (Mendias & Kehoe 2012). The role of police is to counteract crime through maintaining a public presence, effectively acting as a deterrent. The Law Enforcement (Powers and Responsibilities) Act 2002 is the governing legislation for police powers. In the reporting of the crime phase in the criminal justice system, police must decide whether or not to report the crime, they could issue an informal or formal caution. Police are the main initiators of a criminal investigation, their discretion is used when deciding what areas to police, the types of crimes to target and whether a reported crime warrants an investigation. Police also have the power to arrest a person if: it is believed the person
The police play an integral role as ‘gatekeepers’ to the criminal justice system. Discretion is a major factor in the criminal justice system and refers to the choice to do or not do something. The police enforce their discretion in accordance with legislation, guidelines and legal precedent. The police make decisions at every stage of the criminal justice system in relation to law enforcement and how these decisions have significant impacts on the administration of justice. Therefore it is impossible to be completely objective in the criminal justice system allowing justice to sometimes be miscarried. This essay aims to outline the positive and negative effects of police discretion and how these decisions are made from the reporting of crime, investigation and arrest phase in the criminal justice system.
POLICE ROLES
The police are ‘gatekeepers’ to the criminal justice system because they “introduce people into the system through their decisions whether or not to arrest a person involved in a criminal incident” (Mendias & Kehoe 2012). The role of police is to counteract crime through maintaining a public presence, effectively acting as a deterrent. The Law Enforcement (Powers and Responsibilities) Act 2002 is the governing legislation for police powers. In the reporting of the crime phase in the criminal justice system, police must decide whether or not to report the crime, they could issue an informal or formal caution. Police are the main initiators of a criminal investigation, their discretion is used when deciding what areas to police, the types of crimes to target and whether a reported crime warrants an investigation. Police also have the power to arrest a person if: it is believed the person