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  • Essay / Police Discretion - 1352

    Police DiscretionPolice discretion, by definition, is the power to make political and practical decisions. The police have a choice about whether they enforce certain laws and how they will be enforced. “Some laws are always or almost always enforced, others are never or almost never enforced, and some are sometimes enforced and sometimes not” (Davis, p.1). Likewise, with regard to discretionary power, the law may not cover all situations encountered by a police officer, so he must use his discretionary power wisely. Until 1956, police discretion was considered a “taboo.” According to http://faculty.ncwc.edu/toconnor/205/205lect09.htm, "the attitude of police administrators was that any deviation from accepted procedures was extra-legal and probably a source of corruption." When it was finally revealed, people like the American Friends Service Committee (1971) called for its abolition, and police administrators sought to suppress discretion (administrative regulation). The exercise of discretion is not necessarily an unpleasant thing as long as it is used correctly and not abused. “Adequate mechanisms to control the exercise of this discretion are also essential for more rational decision-making. If discretion implies a lack of control – that is, the freedom to choose among available alternatives without any legal or political restrictions – then the idea of ​​controlled discretion may seem to be a contradiction” (Gottfredson p.276). Discretion can be used in many different situations. I will discuss discretion used in the treatment of the mentally ill, drunk driving, disorderly conduct, use of force, and domestic violence. If a police officer uses his discretion correctly, not only will it help him in his situation, but it will also help the community in general. http://faculty.ncwc.edu/toconnor/205/205lect09.htm cites Gaines, Kappeler and Vaughn (Policing in America) who assert that there are three causes of discretion: offender variables, situational variables, and system variables. Offender variables include things like: “how police sometimes take adult complaints more seriously than juvenile complaints; how there is sometimes racial profiling with the use of force and arrest of African Americans; how people who are polite to police officers can gain compassion from the police officer; and even gender...... middle of paper ...... references. Hirschel et al. (1992) found four (4) reasons to explain police inaction in the face of this crime: (1) domestic violence was considered a private matter; (2) Female victims were often uncooperative; (3) Arrest of the breadwinner would harm the family; (4) Male police officers would side with the male attacker” (http://faculty.ncwc.edu/toconnor/205/205lect09.htm). Police discretion is a problem that will persist as long as police officers protect our civilians. communities. The fact is that the police officers who protect us must use their discretion wisely and not abuse their power. Regarding the situations I mentioned above, the police need to think about their actions before reacting, because if they choose to use their discretion harshly, ultimately it can not only harm their suspicious, but it can also