Without discretion in enforcing the law, only the former outcome would have been possible also, as others have pointed out, mandatory enforcement would require too large a police force and jail system to really be workable. Police discretion police discretion is an action by a law enforcement officer based on that individual's judgment about the best course of action their ethics is to adhere to moral duty and obligation to their work. Law enforcement practice public empathy can be enhanced by the careful use of discretion, and potential ill will can be avoided between police contacts and officers of.
Criminal justice-police discretion police discretion is defined as the opportunity of law enforcement officers to exercise choice in their daily activities, whereas police ethics is defined as the special responsibility to adhere to moral duty and obligation that is inherent in police work. Discretion is the ability to change from a previous set plan, rule, or action it is used in many peoples work and personal life every day in law enforcement, it allows them to add to the many tools already provided to ensure that all people receive the best possible service discretion is and. Police discretion essay in law enforcement discretion is left up to each individual officer on the field everyday police officers are given the authority to.
The generally lower level exercise of discretion with respect to law enforcement (investigation, search, arrest, prosecution, etc) and public order policing, in particular circumstances, 8 rather than. Proper use of discretion is probably the most important measure of a police officer or department when i first entered the field of law enforcement, i was naã. The essay's second contribution is to offer a positive theory of constitutionally-inherent enforcement discretion, including the power to supervise and prioritize law enforcement activities i derive this theory from constitutional text, including the executive power clause, the take care clause, and the due process clause.
Police discretion, if abused, can also lead to soft law enforcement mechanism this may in turn act as a motivation to the public in general to commit offences proper prudence and high degree of self esteem is required in the law enforcement officers to ensure that discretion does not act as a soft mechanism of punishing law breakers (louis. Law enforcement professionals have a great deal of discretion regarding when to enforce the law, how to enforce it, how to handle disputes, when to use force, and so on [tags: law enforcement] strong essays 1063 words | (3 pages) | preview. Additionally, the two types of problems that are encountered in police ethics is explained as issues that center around integrity and problems that involve harder choices in law enforcement which require additional ethical analysis. The myth of law enforcement discretion stems from the fact that it is a common practice amongst all law enforcement agencies yet one would be hard pressed to find an agency to publicly admit to this practice.
Police discretion: law and equity james w cooley thesis presented to the department discretion in law enforcement 117 viii summary and conclusions 179. Police discretion is a tool used by officers it gives them the ability to utilize the law to the letter or not to enforce it to the letter of the law some say that latitude in decision making by frontline staff is one of the defining characteristics of human service organizations discretion is. A question posted recently on quora asked, do police officers have too much or too little discretion police officer christopher hawk gave his opinion on 5 ways campus pds can help law. Free essay: police ethics law enforcement has been around since the beginning of man police ethics essay police ethics essay discretion leads to selective.
The various elements and characters in the criminal justice system are replete with the opportunity (and the necessity) for the exercise of discretion, none more so than the law enforcement function the role of the police administrator is doubly challenging, as he or she must determine how best to use discretion as well as encourage or. Bureaucratic discretion and regulatory success without enforcement michael j licari discretion, that ability to decide how policies will be implemented, is a. Custom essay writing service question description describe the use of force and the use of discretion in criminal investigation guidelines or rules: you must support points made in the research paper with scholarly resources.