Police Discretion

Contents

Introduction3

Thesis3

Complete Enforcement3

Causes of Discretion5

Seriousness of the Crime5

Strength of the Evidence6

Victim Characteristics6

Characteristics of the Neighborhood7

Public Opinion7

Conclusion8

References9

Police Discretion

Introduction

Discretion may be defined as an official action based on an individual's judgment, regarding the best course of action, in the said scenario. The individual this paper focuses on is law enforcement officers. Police officers regularly enforce discretion throughout the course of their job. The decisions they make directly affect the safety and welfare of citizens. At times, a police investigation may be unnecessary. In some incidents, the officer may simply choose to not investigate based on their personal judgment and assessment of the situation.

Thesis

“Since complete enforcement of the law is an obvious myth. In order to avoid officers abusing their power, police discretion must be limited.”

Complete Enforcement

Experts on law enforcement agree that some sort of control should be enforced on police discretion. This must be done so police officers do not abuse their power. The first step is to accept its existence. Once you gain acceptance, than you understand the problems it can cause and why control is necessary. Throughout history, law enforcement agencies insist that their officials are adamant about enforcing the law (Roth, 2005). They do this to create the image that no one is above the law and everyone can and will be held accountable for not following it. If this image was not instilled in the minds of people, chaos would ensue. Law enforcement agencies would be trampled and mass hysteria would encompass the world. The perception of complete enforcement of the law helps maintain order, even if everyone knows that is not the case.

Admitting that officers use discretion would certainly raise a few eyebrows in the community. Questions would be raised about the capability of law enforcers and equality of people under the judicial system. The criminal minded might be inclined to exploit discretion and thus crime rates would see an expected and justified increase. Specific states actually have laws regarding discretion and this means that officers enforcing discretion are actually breaking the law themselves. Arrests and citation all require consequent paperwork. At times, the process can take hours on end. Finally, some might come to the conclusion that the only reason that the police use discretion is to avoid doing or adding to their job (Kleinig, 2004).

Some are of the belief that complete enforcement is not only impractical but impossible. There is no need to investigate situations where there has obviously been no crime. Living under constant scrutiny of law enforcement will eventually lead to rebellion. Sometimes, a verbal or written warning can achieve better results as compared to lengthy investigations, trials and corresponding punishments. Furthermore, the police force lacks the resources and the budget to cater to every single minor infraction. If such is the requirement, taxes must be raised and a larger budget must be allotted to the police. Only then can they train and hire more officers as well as purchase the necessary equipment.

Asking the people to pay more taxes will ...