Police discretion can sometimes cause law enforcement officers and the general public to believe that unlimited authority exists in the application of statutory or common law. IvyPanda. Officer Bob pulls the car over and requests the driver’s license and registration. 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. Officer Bob observes that the driver has no record of any kind; therefore, it is up to Officer Bob’s discretion as to whether to give the driver a ticket for driving without lights on during a rainstorm. 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. In a domestic disturbance, the police officer has to use his discretion based upon the situation before him. Let’s look at some examples of when a police officer must use his or her discretion. Discretion is the void in the middle of a ring consisting of policies and procedures. It contains thousands of paper examples on a wide variety of topics, all donated by helpful students. My general argument is that, while the more extreme examples of proactive policing such as the policy of stopping large groups of the general population for questioning and searches based upon thin or even nonexistent legal pretexts may be in retreat, the more broadly ... POLiCE DISCRETION police. Officer Bob decides to intervene. 2020. It elucidates the negative outcomes that discretion implies unless it is properly managed. Proactive Policing: Definition & Strategies, The 24th Amendment: Definition, Summary, History & Court Cases, Constitutional Requirements of a Criminal Trial, Bacterial Transformation: Definition, Process and Genetic Engineering of E. coli, Rational Function: Definition, Equation & Examples, How to Estimate with Decimals to Solve Math Problems, Editing for Content: Definition & Concept, Allosteric Regulation of Enzymes: Definition & Significance, whether to issue a traffic ticket or other violation, Examples: draw/fire a weapon, issue a traffic ticket, make an arrest, search someone, stop/assist a person, Pros: offers flexibility; gives officers the ability to make decisions quickly without consulting courts or other officers, Cons: officers may make bad decisions, potentially making erroneous arrests or violating someone’s Fourth Amendment rights, Recall examples of decisions that involve police discretion, Discuss the pros and cons of police discretion. Another factor that plays an important role in shaping the discretion character is the context of violation. ⏰ Let's see if we can help you! 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). Determine whether the use in each action is reasonable or an abuse of power. He uses his own discretion to make this decision. July 31, 2020. https://ivypanda.com/essays/police-discretion-definition-examples-and-rationality/. As a recent development in criminal justice scholarship, researchers have begun to focus on the level of discretion that police officers have in enforcing the law. [ 2016. See Feeley, supra note 9, at 199; Bowers, supra note 10, at 86; Bowers, supra note 6, at 1119; Natapoff, supra note 4, at 1328; Stuntz, supranote 11, at 2568. It, likewise, reveals the ambiguity of the discretion phenomenon: discretion is essential as it ensures a regular functioning of the justice system; in the meantime, it should be regulated by moral principles and values to imply positive outcomes. “[N]obody should die because police officers are more interested in absolute dominance than professional, moral and tactical discretion,” Moskos wrote. This definition is useful as it allows discretion to be considered in a legal context rather than only when police officers operate illegal… Consequently, the police officer must decide on his own in the particular moment what to do. This is IvyPanda's free database of academic paper samples. If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. Their best judgment reasonable or an abuse of power violation to the example of Seattle officers. Allows for aligning legislation with its practical enforcement the modern laws essay on police ’:! 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