ASSIGNMENT #2 – Police Discretion When enforcing the law‚ no two situations are ever the same‚ there for becoming difficult and impossible‚ in some cases‚ to enforce the law equally. There are different circumstances in every crime‚ take murder for example. A ruthless‚ sadistic murder that was intentional. A pregnant woman being beaten by her husband until she‚ out of desperation‚ grabs a knife and stabs him to death. Two very different circumstances but they both fall under the same crime‚ murder
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In performing their duties‚ police are allowed to use a wide range of discretion. Police discretion “is defined as the power enjoyed by a public officer to make a choice among possible courses of action or inaction”(Green & Kelso‚ 2010). Using police discretion‚ officers can decide whether to make an arrest‚ and make decisions about the amount of force to use during an altercation. Factors that affect these decisions are race/ethnicity‚ the seriousness of the offense‚ the suspect’s demeanor‚ poverty
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There are a number of different factors that impact police discretion. There are four general categories that include Organizational Factors‚ Neighborhood Factors‚ Situational Factors‚ and that also contain subcategories within them. For this paper I will be focusing on Individual Officer Characteristics and Situational Factors. Individual officer characteristics which are influenced by an officer’s age‚ education‚ experience‚ gender‚ ambition and attitudes towards their job. The way that a police
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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 Police officers have a large amount
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Public Administration Discretion Bobbi Soriano Grantham University Public administration is in a constant state of flux and what worked for one era may not necessarily be the best option of doing things in a completely different era. Max Weber’s rules of public administration state that public administrators should only be allowed to follow a restricted set of rules. The people who hold offices in the public administration are also constantly changing which would also make
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CMRJ302 Week Five Forum When you begin to get into police discretion‚ you have to first bring up the spirit of the law and the letter of the law. Did the subject mean to do whatever the issue is? Is there intent? When I was first married years ago my wife had gotten a parking ticket in Hoke County‚ NC. It was one of those things that got poked away in her glove box. I had found the ticket and taken it to the Hoke County courthouse to pay it. I paid by check (that is how we used to do things.) I
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In modern day society‚ it is hard to predict police discretion due to the different levels of crimes. Crime is constantly evolving‚ and the rules and guidelines are not always enforcing properly. Therefore this creates a loop whole. A loop whole of this magnitude makes all those within the surrounding communities subject to being criminally exposed to mishaps. “The importance of discretion implemented by the police officers is having the ability to execute judgment opposed to following these set
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Justice and Authority paper Discretionary authority in the Criminal Justice system Allen Ray CJA/550 April 11th‚ 2011 Discussions in how discretion is exercised in the legal profession often raises debate in the criminal justice system. Discretion is vastly misused in many of the criminal justice fields. Areas such as youth justice‚ sentencing‚ policing‚ and a host of many other legal fields need better understanding‚ interpretation and communication. As with many practices‚ the object
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Police Discretion April 20th ‚ 2008 One aspect of the criminal justice system that has been debated for many years is that of police discretion. Police discretion is defined as the ability of a police officer‚ a prosecutor‚ a judge‚ and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. This basically is saying that there are situations when these law enforcement officers have to use their
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Police discretion Police discretion can be defined as actions undertaken by law enforcers in which they exercise their individual judgment in order to determine the best course of action (Gaines & Kappeler‚ 2003). Before deciding whether a certain action should be pursued against a suspect‚ the police take into account many factors‚ at least in theory. As Kleinig (1996) stresses‚ discretion also gives law enforcers “a permission‚ privilege‚ or prerogative to use judgment about how to make a practical
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