1. Examine the various search patterns investigators can use to systematically search crime scenes for evidence.…
I honestly believe that being a ploice officer is very hard. There are some positives and negatives to it. It is obvious that we are all human and make multiple mistakes, and at times we do not agree on the selection of choices that ploice officers use upon the people. Some of the positives are that police officers have the right of arrresting someone who is using illgeal behavior. For an example, say you are at a plaza walking around with your friends, and suddenly you see someone had too much to drink and they are causing a sence; to which you can't avoid or control the persons actions, you will have to call the police and they will settle the situation so it doesn't lead to breaking a law. A negative discretionary decision, would be the…
Imagine innocently walking down the street in a city you’ve lived in your whole life, when all of a sudden you hear the dreaded “woop woop” and see those flashing red and blue lights. The police. They interrogate you, ask your whereabouts, and finally, they “frisk” you. Of course, they find nothing; they rarely do when they search people. Although it’s wrong and demoralizing, you know it’s something you’ll have to get used to as an African American living in New York City.…
Discretion plays an indispensable role in the criminal justice system (CJS). Discretion is the judgment or decision implemented through values, facts, and principles. In the CJS, it is the authority given to a decision maker to decide between alternatives or no alternatives. Discretion can be used by police in the area of the criminal investigation process. Its role is continuous from sentencing judgments to the point of detaining offenders in prison past their sentencing period. Discretion also allows individuals’ circumstances to be considered, as the law at times can be considered a blunt measurement in delivering an alternative. This demonstrates that discretion plays an important role in the CJS to enforce the law, whilst taking into account the rights of individuals.…
My opinion is that I think police should probably have the power they have now, more balanced on their side because if they did not have the powers they have now or if they had less power than they have now, a lot of people would have committed crimes would be released and there would be nothing they could do about it because there would be no law to stop them.…
As of now, the current system is experiencing an overflow of cases from felonies and misdemeanors which already takes days even months to resolved. And so the use of police discretion helps the court system trust the police department to use all their resources and good judgment to stop or continue a criminal process. Police discretion is not supposed to be use recklessly it should only be use on certain situations with good reasons. When the police officer uses discretion takes into consideration standards like profession, legal, social and moral norms as well as offender’s age, race, economic status, gender. Besides giving them a warning for their offence they will offer lectures depending on the severity of the crime.…
As said by the Fourth Amendment, " the right of the people to be secure in their persons, houses, papers, and effects, against an unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things be seized." In simplest terms the Fourth Amendment says that all searches are to be conducted under authority of a warrant( Barany). Many times this amendment is violated which can result in the dismissal of a case, release of a guilty suspect, or the arrest of an innocent individual that was not properly been given his or her rights. In this paper topics involving the violations and exceptions of the many prongs of the Fourth Amendment including: probable cause, Terry vs. Ohio, exceptions to warrantless search and seizures, racial profiling, rights we are awarded, and the Miranda Warning. The Fourth Amendment has many off shoots and I will try to cover the basics, so that you as a reader can more thoroughly understand your rights and privileges as well as the rights that you do not have in many circumstances.…
Police discretion allows officer the power to make decision to purse police procedure or to simply give a warning and let someone go. An example of police discretion would be if an officer pulls over a teenage driver for running a stop sign. Once the officer approaches the care he notices a roach “end of a joint” in the passenger seat. The officer then has the option to either let the teen slide with just a warning or to follow police procedure word for word. In my opinion police discretion is beneficial. Giving someone a warning allows you to explain what could happen to him or her if caught next time. If every person who broke the law or did something wrong was arrested or charged our jails would be packed and officer would have stacks of…
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…
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.…
Samuel Walker (1993) asserts the problem is not with the use of discretion, but the misuse of discretion in the Criminal Justice System. According to Walker (1993) “The Criminal Justice System is nothing more than the sum total of a series of discretionary decisions by innumerable officials.” (Walker 1993 p.4) Charles Klahm and Rob Tillyer (2015) explains that “Exposure, activity, and performance independently impact the likelihood of the officer initiating discretionary.”(Charles Klahm and Rob Tillyer, 2015 348). The assumption is police officers who are routinely exposed to diversity among age, race, gender, and criminal or noncriminal individuals effect the police use of discretion. The activities that police officers partake in is another factor that shapes the police use of discretion. The suggestion is that police officer's past behavior will reflect their future behavior in other words. Similar to activity, performance looks at police officers past performance. The assertion is that police officers who perform discretionary searches where contraband was founded were more likely to continue using discretion when conducting…
Patrol officers use discretion each and every time while on shift. They will respond to a variety of calls and have to make a decision on scene whether to charge a subject or arrest them. Patrol officers also work traffic and enforce moving violations and equipment violations. Try to imagine if officers did not have discretion and had to fully enforce the law each time a violation occurred. This would have a negative impact on community relations and would also completely saturate our court systems that struggle already with caseloads. However, discretion allows the officer to make a judgment in the field based on the totality of the circumstances to decide which offenders should be tried through the criminal justice system and which should…
* The purpose of bail is to assure those arrested return for their required appearances in court; the adversial system assumes everyone is innocent until proven guilty…
By definition, discretion means freedom to act or judge on ones own. With this privilege, evolves both pros and cons. A major problem which may occur are inconsistencies with the law. The same type of crimes may be given different punishments by judges. This would create controversy and accusations of prejudice and bias would certainly evolve. If the law were emphasized on discretion, the power would be mainly in judges and government official’s hands. It would be their responsibility that our nation continues to follow the principles of democracy and equality. If this did not occur, discretion could end up marking the downfall of our great nation. However I believe the pros overrun the cons in when looking closely at our legal system, in regards to discretion. In too many cases in our nations recent history, has discretion helped in making the right decisions. Every crime has different scenarios and plotlines, making it impossible for the same punishment to fit all the same kinds of crimes. This is why that in our legal system now, murder has evolved into manslaughter and other types of crimes. I believe that the best legal system looks at every case as a separate entity, and is run by judges that have no bias and do not look at any other factors besides, what is true justice. Our country will continue to evolve if we continue to use the component of discretion in our legal system.…
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.…