One example of police discretion is when you get pulled over by the police for over speeding, they may let you off with a warning or book you a ticket depending on how appealing you are to the police discretion. Another reason why discretion is particularly critical for police officers’ activity is the ambiguity of the modern laws. He wants to understand better why officers make arrests in some circumstances and not others, especially when they are dealing with Nevertheless, a large percentage of police officers base their decisions on such factors as race, gender, and manners of violators or victims. He notices that the person is carrying a gun. Dempsey and Forst (2015) suggest considering several factors that are most likely to influence the discretion application. The analysis of police discretion shows that this phenomenon implies individual attitude and vision of those who exercise it. Unless police officers could use the discretion options, they would be obliged to redirect every violation to the courtroom for further consideration. Consequently, the police officer must decide on his own in the particular moment what to do. Dempsey and Forst’s (2015) assumption, that a consistent value system is the most effective regulator of police discretion, correlates with Kristen Ziman’s view on the problem. The authors make a reservation that the active exercising of discretion within the police environment does not always result in positive outcomes. Let’s look at some examples of when a police officer must use his or her discretion. Dempsey, J. S., & Forst, L. S. (2015). Thus, Ziman (2011) refers to the example of police officers’ responding to citizens’ complaints. This creates a situation that allows police officers discretion in the way they think about what they see and how they handle those with whom they come in contact. IvyPanda. As a former Police officer I can give one easy example. Police' Discretion: Definition, Examples and Rationality. I have no idea about what police officers do besdies serve and protect please can someone help me. First, who would decide which crimes are "must arrest" or … When discretion goes up, crime goes down. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. (Davis 1975, pp 62-66). Thus, Dempsey and Forst (2015) describe this notion as “the availability of a choice of options or actions one can take in a situation” (p. 143). While administrators are often bound by bureaucratic regulations, law enforcement professionals at lower levels of the organization possess great leeway in the manner in which they perform their jobs. Excessive discretion runs counter to criminal justice goals. Discretion definition and examples. This may include the use of reform instruments developed by the government. It can be, therefore, assumed that the described factors might be, likewise, applied not only to the police context but the entire justice system. As a result, courts would be overloaded with work. In a domestic disturbance, the police officer has to use his discretion based upon the situation before him. When the police perform their official duties, there is a certain level of discretion they must use. "Police' Discretion: Definition, Examples and Rationality." Thus, police officers’ decision-making depends on whether they act relatively freely or under the persistent pressure of the society. “[N]obody should die because police officers are more interested in absolute dominance than professional, moral and tactical discretion,” Moskos wrote. City council and police administrators should give it back to the cops on the street. Ziman’s vision of the problem seems to be reasoned and rational. Officer Bob sees the person assault a passerby and must now use his discretion to decide whether he will intervene and possibly draw and use his weapon, or call for back up assistance. It means that police in their blue uniforms often act as a line between lawfulness and illegal acts. In a loose sense, discretion can be defined as a freedom of choice. The author believes that under these circumstances, employees often tend to perform the minimum of actions and maintain a high productivity level. According to the authors, the major controlling mechanism is the establishment of a consistent value system that will ensure operational integrity and alliance to the corporate goals and objectives. In the meantime, Ziman (2011) believes that this approach hurts the police officers’ performance – the neglected conflicts and violations emerge into serious crimes. 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Under the Fourth Amendment, one has the right to be free from unreasonable searches and seizures. Two examples of abusing police discretion are when racial profiling is used to arrest or make a case, and when there is a set policy within the department but the officers on the street make decisions that are not consistent with this policy. Discretion, in this case, serves to be a convenient tool to avoid additional effort and manage the largest number of calls possible. Indeed, providing too much discretion to police officers over their use of body-worn cameras is described by our latest paper as a “slippery slope.” Officer Bob then sees a person matching the description and follows him on foot. Officer Bob receives a dispatch alert that there is a suspect on foot in the area who just held up a bank. According to McGregor (Kleinig,1996), discretion can only be interpreted as those decisions that are made with lawful authority rather than decisions made for illegal reasons. 2020. 31 July. Meanwhile, Dempsey and Forst (2015) assume that discretion is particularly vital in the context of the police officers’ activity. This definition is useful as it allows discretion to be considered in a legal context rather than only when police officers operate illegal… IvyPanda. Hence, for instance, a judge’s choice between imprisonment and probation implies discretion. Thanks The described examples of evidence that discretion is exercised at all levels of the justice system. These policies feature a set of norms and guidelines defining how police officers are supposed to act under certain conditions. Therefore, it might be concluded that discretion is important as it allows for aligning legislation with its practical enforcement. It elucidates the negative outcomes that discretion implies unless it is properly managed. All the actors of the justice system, including judges, prosecutors, and parole boards, exercise discretion, to a larger or smaller extent, while performing decision-making. Imagine that Officer Bob is on patrol when he notices that an automobile is driving in the rain without its lights on, which is against the law in the state. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. As a result, some controlling tools seem to be essential to prevent discretion misuse within the justice system. IvyPanda. Need a custom Essay sample written from scratch by Discretion is the void in the middle of a ring consisting of policies and procedures. Before deciding whether a certain action should be pursued against a suspect, the police take into account many factors, at least in theory. Officer Bob pulls the car over and requests the driver’s license and registration. Thus, Dempsey and Forst (2015) describe this notion as “the availability of a choice of options or actions one can take in a situation” (p. 143). There is a significant amount of training around discretion during academy, throughout on-the-job Field Training (typically about 12 months), and through annual or regular in-service training. Create a list of ten actions during which an officer might use discretion and why. Thus, police officers can manage priorities and identify which violations need to be curtailed most urgently. An introduction to policing [Bookshelf library version]. In a loose sense, discretion can be defined as a freedom of choice. Police Officers’ Decision Making and Discretion: Forming Suspicion and Making a Stop Abstract Most police activity occurs in private, away from the public=s view. Use his or her discretion discretion character is the ambiguity of the law it. 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