Preview

Police Discretion

Good Essays
Open Document
Open Document
689 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Police Discretion
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. Authorities have been called and the man is obstructing both officers that arrived in a squad car- the man is swinging the bat in the direction of the officers and is creating a threat to their lives. Now let’s compare this with the same scenario, except it is an elderly woman doing the same thing. First, the age difference of the perpetrators should be taken into consideration. In both scenarios, technically the officers’ lives are in danger, but does that give them the right to use deadly force in both situations? A man in his early twenties is typically very strong and could create catastrophic damage to both officers, even if they were trying to take him to the ground, using martial arts take-downs. An elderly woman is typically very fragile and could be taken down more quickly using martial arts take downs. A young man is more likely to survive a gunshot wound to the body- an elderly woman is not. So should police officers truly be advised to enforce the law equally in all scenarios? The answer is, absolutely not, because it creates a zero tolerance policy.
It is also rational to believe, that it is completely reasonable for police officers to not enforce the law in certain situations. For example, if an officer is called out to a situation where it was reported that teenagers were drinking in the desert and playing music loud, it would be justifiable for the officers not to enforce the law. Sure the teenagers are creating a noise disturbance and drinking underage, but they could be doing far worse- they could be robbing people or attacking people. So, it is safe to say that they do not deserve to be booked into juvenile hall, with the juveniles who are far more

You May Also Find These Documents Helpful

  • Good Essays

    Police Misconduct

    • 803 Words
    • 4 Pages

    The issue in this case there was a girl named Heather Ennis who worked at Elks Club as manger she been worked with them from July 15th to July 24th. Then on the 26th of July she takes off 3 days to see her husband who was convicted for 6 murder charges and without parole for 25 years, so he was pretty much was in jail for a sentence of life. Then the article talks about how she meets the guy, Heather Ennis meets this guy off a friend of a friend. That’s how they both established a relationship and over a time period they got serious about this relationship and results in them getting married while he remained incarcerated. On July 26th Heather goes to the prison to visit her husband as she went in a member of the elks club who worked at the prison noticed her. I believe when he noticed the fact that Elks Club hired a woman who was married to David Ennis the man who was convicted of murder. The Board of the club had a meeting on the 29th the day when she was suppose to return back to work, they have made a decision about her termination. Heather Ennis didn’t even received any reasons for her termination, and there was also no evidence that she did anything wrong to get terminated. Later Heather Ennis believed the reason for her termination was because she was married to David Ennis.…

    • 803 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Just months ago, an unarmed man was killed by an officer in Charleston, South Carolina as he ran away from him. The officer fired multiple rounds hitting the man at least 7 times, killing him. In my opinion, because the man was older than the officer, had not committed a violent crime, nor was he trying to harm the officer, he did not pose much of a threat in this occurrence. It has become more and more common for this to happen.…

    • 750 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Ethical issues in policing reach back to the early ages of law enforcement. The profession of policing plays a vital role in the rationale and motivation of how officers conduct themselves while on and off duty. This is a primary focus point of the society in which they work, due to the society’s level of trust and confidence in the officers to act accordingly and responsibly without any negative person vengeances or vendetta. As a result of the numerous negative encounters of officers interacting with the public, which has been mainstreamed by the media, there is a heightened sense of entitlement and false responsibility of citizens to report to higher authorities or the media when they do not get whatever it is that they want or receive the…

    • 389 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In article “The ACLU, ECDs, and the erosion of police discretion?”, the author Lance Eldridge talks about the use of Tasers: if police are using that alternative too much to stop a criminal from fleeing. According to the article many criticize the use of Taser by saying it’s unconstitutional. And that police officers are using this tool as their first choose without thinking of the medical condition of the offender. Changes will be made in the legal system should the Supreme Court deem the use of this potential deadly encounter such as the use of Tasers as well as changes and possibility of the end of police discretion. In the rest of this essay we’ll discuss police discretion and how much it should be use by law enforcement.…

    • 700 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In our text, discretion is defined as having to decide between two or more courses of action or behavior. Discretion is practiced in all aspects of the criminal justice system, police, corrections, judges and attorneys all have the power and capabilities to exercise discretion. An example of police discretion is a police officer responding to a domestic violence call, the officer can analyze the situation and decide to arrest one or both parties or, attempt to provide them the resources to get help or give a warning. An example of a correctional officer using discretion is, if the correctional officer witnesses an inmate breaking a law or code of the facility and can make the decision to do nothing or follow procedure. Another example of discretion…

    • 236 Words
    • 1 Page
    Good Essays
  • Better Essays

    Police officers who participated in using excessive force, many times did not face any consequences, and when they did, their charges were very minimal. In his article titled, “Must We Live With Police Brutality,” David Jones uses insight from the Chairman of the Public Safety Committee, Sheldon Leffler. Leffler states, that “’the department has perpetuated a police culture in which officers may be emboldened to conduct themselves in a manner that runs contrary to ... the law.’” (Jones 9). Police officers are supposed to be trusted authority figures that help protect people and enforce laws, instead of hurting people and acting as if they are above the law. Police officers, however, were not the ones who were protecting themselves from the consequences. It was those who oversaw the police departments and the local government who over protected these police officers. In the case mentioned above of the Haitian immigrant who fell victim of police brutality, the mayor of New York City, at the time, as well as the police commissioner turned a blind eye to how often police were using excessive force and unneeded brutality. Jones continues to explain how higher ups in the government and police force seemed to encourage officers to release anger and hate onto people who break the law (Jones 9). This attitude gives the idea that using force and viciousness is necessary to keep crime rates down, which is not…

    • 1976 Words
    • 8 Pages
    Better Essays
  • Good Essays

    There is not an absolute to every situation every time. There are different people involved in different locations with different attitudes. Some officers believe that politicians enact laws to make symbolic statements and that they do not desire full enforcement of the laws. Age, race, income, attitude toward the officer, gender, and income status are all factors of how police respond to a situation. Police are more likely to use more force against African Americans and they are less likely to take a juvenile complaint as serious as an adult. Discretion is used at all levels of the criminal justice system. The police, lawyers, courts, individuals, and corrections all have instances such as deciding minor differences in matters such as a routine pull over for the police, whether to take a case or not for lawyers, whether to break the law or not for citizens, and for judges how long of a sentence should be handed down. Discretion being defined as the ability or power to decide responsibly or the freedom to act or judge on ones own, in this instance still according to the law and regardless of ones own prejudices. Police are the largest and most visible segment of the criminal justice system. Many decisions a policeman or women make is at his or her own discretion. Police have a wide range of discretion in their multiple daily duties. Discretion can be seen when an officer decides whether to pull a car over, question some…

    • 477 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Police Discretion

    • 538 Words
    • 3 Pages

    Police discretion is issued to officers for the purpose of maintaining a just society. Discretion is defined the ability to form decisions based on their own judgment. These decisions are concluded through copious reasons such an officer’s experience or through their own individual backgrounds. Police discretion has the ability to dismiss minor crimes, yet laws exist where discretion is invalid and officers must accomplish whatever means legally to punish the criminal.…

    • 538 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    There have been ongoing debates about the guidelines for police officers when conducting discretionary searches. One police department that has been in the headlines for its practices of discretionary searches have been the New York City’s Police Department. New York City’s Stop and frisk policy allowed police officers to stop and search an individual on the street at their discretion based on suspicion of criminal activity. One of the most highly publicized cases of NYPD’s stop and frisk tactic was the 2014 death of Eric Garner in the hands of Staten Island Police Department. The Eric Garner’s case followed outpours from citizens calling for change in NYPD’s stop and frisk guidelines and other police departments as well. This week’s article…

    • 632 Words
    • 3 Pages
    Good Essays
  • Better Essays

    However, not addressing the dysfunction of excess force, would mean many more innocent people are going to lose their lives. As a society, we have an obligation to better ourselves and strive to always meet the ideals of this nation. One of those ideas being that the justice system is blind to race, gender, and class. Often times, racial and a falsely, perceived fear of harm has led to death or other forms of police brutality. Proper training can help prevent these simple and complex mistakes. It should be a societal goal to help ensure that the police force is protecting the general population via proper training, support, and education on racial…

    • 1260 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Police Powers

    • 1900 Words
    • 8 Pages

    Bail means that after someone has been charged they are free from police custody until the next stage of the process of the case (trial). The custody officer has the power to either decide if bail is granted or not. If the officer refuses to grant bail they must present the case to magistrate court soon as possible.…

    • 1900 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Police Officer Discretion

    • 664 Words
    • 3 Pages

    Discretion is a term that describes the flexibility that people like judges have when deciding the fate of offenders. They could choose to give someone the maximum penalty or be a little more lenient. This is all dependent on the situation and the amount of discretion they are given. There are many individuals involved within a case that have discretion. Three of the most prominent of these individuals would be police officers, prosecuting attorneys, and judges…

    • 664 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Police Ethics

    • 1123 Words
    • 5 Pages

    Many questions can arise when dealing with law enforcement issues. This paper looks to scratch the surface on four of these questions. These questions were answer with my own personal opinions and won’t be found anywhere else but here.…

    • 1123 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Police Privacy Issues

    • 447 Words
    • 2 Pages

    Police officers argue that body cameras can deal with privacy issues. Privacy won’t become an issue if some of the police officers actually did their job right. Many of the police departments have been denying to wear body cameras because cameras may prevent people from coming forward as credible witnesses to help assist with investigations, due to fear of public exposure and the fear of someone coming after them to kill them. Technological issues related to the cameras may prevent proper functioning at times and the cops are not able to fix them because they don’t know much about technology. This could be due to a dead battery, damaged components, obstructed lens, and other problems. This could result in personnel missing important witness statements or crucial behavior by officers or citizens. The equipment is expensive as well. Some police departments don’t have the money to buy expensive cameras. The cameras the cops need have to have a lot of storage in them. Plus, cameras need to have long-term batteries so that it won’t die out while on duty. Yes,…

    • 447 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Police Discretion

    • 1042 Words
    • 5 Pages

    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 helpless, maintaining order, and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion since it is impossible to record everything on what they are supposed to do and not do. We can also understand that if you could record all the rules and regulations it would be too extensive for an individual to comprehend.…

    • 1042 Words
    • 5 Pages
    Better Essays