Policing Essay Police discretion poses an interesting paradox in our democratic society. As Ramirez et al (2000) explains‚ we entrust the police to enforce the law‚ to maintain order‚ and to use legitimate force if necessary ’. Not only do we expect police to complete this rather demanding task‚ but we also expect them to accomplish these tasks by treating the public in a fair and even-handed way ’. Thus a major problem is the over policing ’ and stereotyping ’ of marginalized groups such
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Mandatory Sentencing Introduction Mandatory testing refers to a special case of a court decision where by the judicial discretion is limited by the law. It is common knowledge that when people are convicted with crime they are punished by being sent to prison for a number of years. All the individuals who commit crime will be punished equally under a pre-determined minimum time in prison. The respective laws which guide mandatory sentencing differ from one country to another. The parliament passes
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In this paper‚ I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances‚ minor misdemeanors‚ and traffic enforcement. I will also discuss the application of police discretion‚ the provisions it uses and how it is currently practiced. At the end of these brief descriptions‚ I will then present the myth that exists in regards to police discretion. And finally‚ I will end this paper with my personal opinion as well
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Police Discretion Police Discretion Discretion is defined by the Merriam-Webster Dictionary as “the ability to make responsible decisions‚ individual choice or judgment‚ power of free decision or latitude of choice within certain legal bounds.” In law enforcement discretion is left up to each individual officer on the field everyday. Police officers are given the authority to make reasonable and responsible decisions out in the field. Discretion is used in many situations‚ such as when
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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. Discretion gives police
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Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
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recommendation from the US Sentencing Commission to eliminate or reduce the crack and powder cocaine sentences. b. Why are our prisons overcrowded due to different changes on drug reforms? i. Over the years‚ “Reforms” have been created‚ limiting the discretion of judges and members of parole boards. For example‚ sentencing‚ guidelines‚ length and determinate sentencing. (Gottschalk‚
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Running head: POLICE DISCRETION Police Discretion CJA/342 University Of Phoenix Police Discretion Police discretion is an important tool in police work due to the law sometimes being too vague or ambiguous. Police officers are trained on different scenarios that one may come across while they are at the academy. The problem tends to arise when a police officer comes across a situation that they were not trained for‚ and since the academy cannot cover every possible scenario that
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formal court procedures in a criminal matter‚ in other words to prevent children from being exposed to the adverse effects of the formal justice system. In terms of the Child Justice Act‚ diversion is attained in three ways. First of all‚ by way of prosecutorial diversion for minor offences committed. Secondly‚ at the preliminary inquiry‚ through an order of the inquiry magistrate. And lastly during the trial in the child justice court‚ through an order of the court . (ii) Restorative Justice means an
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Police Discretion David Gonzalez University of Phoenix Introduction to Policing CJA/370 Professor John W. Feltgen June 23‚ 2005 Abstract In this paper I will discuss police discretion and the use of these discretionary powers in the law enforcement workplace. I will explore the mythical aspects of police discretionary powers and the source of this myth. I will further discuss the control of discretionary authority. I will name instances of law enforcement officials using their discretionary powers
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