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Wednesday, August 13, Pros and Cons of Police Discretion Police discretion refers to the ability of a police officer to make a decision at a crime scene. The officer makes a decision whether or not to make an arrest, write a ticket, give a warning or apply for arrest warrants later.
However, these measures are limited to minor offenses. The Pros of Police Discretion As a form of judgment, police discretion calls for knowledge, skills and insights that are needed by the police officers in unpredictable situations.
These make the police competent enough to apply rules and regulations as they are supposed to enforce while making decisions on local circumstances in a way that does not contravene the laws of the land.
Similarly, police discretion shows a form of independence in the thinking of the police officers as opposed to other disciplined forces like the army where orders are to be strictly adhered to.
Police discretion as choice involves making personal contributions, judgment calls as well as exercising autonomy and individual solutions by the officers. Discretion as a form of discernment revolves around making good, virtuous decisions and choices by habit. This is so because police discretion is sometimes seen as a show of leniency and taking soft decisions.
Discretion as liberty allows the police officers to act as a free and equal agent. This ability allow the officer to extend the rights and duties of the office towards the vision of liberty, inalienable rights and Pros and cons of police discretion kind of things that no majority rule or principle can ever take away.
Discretion as a form of license offers the police officers the privilege of going against the rules, disobeying superiors, though not all the time, without degenerating the rules or creating a frosty relationship with the seniors and the public.
It also helps the officers to develop a culture of accountability for every decision they make Kadish, The Cons of Police Discretion Statutory laws and common laws do not cover every potential situation a police officer may encounter.
This means that the offender may be let off the hook usually in the circumstances of discretion. If the police officers do not carry out their duties diligently, then there are chances that some law-breakers will be let off the hook with reasons of cronyism, relations and corruption all in the name of police discretion.
In the enforcement of law and order the police officers are often barred from using excessive force.
For this reason, the general public often thinks and hopes that their encounter with the law enforcement officers should always be smooth and soft. Apparently, this is usually not the case even in discretion. 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, Police discretion may also be seen as a form of granting enforcement officers unlimited authority to do whatever they want.
This occurs when unscrupulous officers use discretion privileges as kangaroo courts for their own self interests. This however is only possible in cases where there is lack of proper supervision of the officers and cases where the general public find it normal in getting involved in such corrupt moves by the law enforcers.
It would be almost absolutely impossible for the police department to exist without the police discretion privileges.
This is because the officers would be working like mechanical instrument that arrest any law breaker in sight. Every single person for however minor the offence committed would be arrested and taken to court for the charges. In this case, there is a likelihood of a backlog of cases for the crimes are likely to be in large numbers.
Similarly, the officers are likely to be overwhelmed by the number of arrests they are supposed to make. This is because police discretion often allows them to warn minor offenders and let them off the hook.
Police Discretion at Different Level Discretion is exercised throughout all levels of policing. Within the highest levels in the chain of command, the police discretion is used for example in deciding to target certain areas of crime with the use of initiatives or policies, possibly through the influence of government and the line department.
This may include the use of reform instruments developed by the government.
In the middle level ranks of the police force, decisions may include proactive decisions towards the fight of crime in the areas of jurisdiction.
The aim of this was mainly to combat the usual high levels of mugging and robbery around such areas especially during the autumn. At the lower ends of seniority in the police force, discretion is practiced mainly in the daily routine encounters with petty offenders.
The officers in charge may come into contacts with such persons as motorists not obeying the traffic signs and warn them instead of arresting them.
Discretion in the Patrol Department This is the department where police discretion is practiced most. This is mainly because of the availability of extremely high number of offences committed by the motorists, cyclists and even the pedestrians. Such minor offenses where the police may exercise discretion may include; a motorist ignoring traffic signs, pedestrians not walking along the designated path, pedestrians not using the footbridges and crossing the root in areas without zebra-crossing among other offenses.
Similarly, everyone has a right to equal consideration of his or her harms and interest by the police. In case of a rape victim for example, police discretion is often exercised to decide whether or not there was a crime, whether to investigate a crime and whether to investigate a crime vigorously.
In this case, the officers involved should not be informed by the sexist biases.neither did their own arm save them: but thy right hand, and thine arm, and the light of thy countenance, because thou hadst a favor unto them. A paid time off (PTO) policy combines vacation, sick time and personal time into a single bank of days for employees to use to take paid time off from work.
A PTO policy creates a pool of days that an employee may use at his or her discretion. Practical tips and resources for parents who want to educate their children and keep them safe when active on social media.
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Pros and Cons of Police Discretion. There are various reasons why the use of police discretion is a positive aspect of a police officer's position. The use of discretion allows the police officer the flexibility necessary to perform his job.