Why Police Discretion is Necessary? Law Essay Paper

Why Police Discretion Is Necessary
Name
Institutional Affiliation
Why Police discretion is Necessary
Introduction
The issue of police discretion continues to draw interest in the justice system. Police discretion gives law enforcement the freedom to decide on whether a specific act violates the law. Police officers encounter many situations in the course of duty that need them to use their judgment. These situations range from shooting a suspect, using force or conducting a search. In the course of duty, police officers are not restricted by bureaucratic processes. This situation makes police discretion continue to be a debatable issue. Police officers continue to have plenty of freedom. In some situations, it is a source of police brutality. However, it can have many positive effects on public safety. Police discretion is vital to maintain a positive relationship between citizens and police.
Police discretion may be defined as the freedom of judgment given to officers. The police are expected to engage in responsible action that is lawful and promotes justice within society. This power of judgment comes from an officer's experience, policy or training. The issue of discretion arises because of the nature of the work of the police. Police officers need to make any choice in their line of duty. This includes such acts as arresting, investigating, prosecuting, negotiation, among others. The subject is particularly significant to the lower levels of police service. One reason is that they usually work under minimal supervision and low visibility. This situation exposes them to many situations where they are alone and have to make a personal choice (Bronitt & Stenning, 2011). This paper will examine reasons to support police discretion while also offering why some oppose it.
Police are the first point of interaction with offenses committed by minors. Police have helped resolve such cases without involving the court process. Juveniles are significant in the policing process because of two reasons. One, they commit plenty of offenses. Two, they usually have a negative relationship with the police. Law enforcement usually finds it a challenge to deal with juveniles. Being of a minor age makes them subject to different laws from adults. More care is exercised since they are still under the care of their parents. In many cases, police discretion helps officers try to reduce the number of minors taken into custody. Some alternative corrective measures involve referring to a social program such as the child protection program (Shteynberg & Redlich, 2015). Therefore, police discretion helps reduce the number of unnecessary arrests of minors.
Mentally ill people may pose a serious threat to public safety. However, police discretion helps officers decide on the appropriate action when dealing with the mentally ill. Laws do not dictate the specific action police should take in these situations. This gap allows police the power to intervene using either formal or informal means. An officer using their judgment will be able to assess the threat level the person poses to the public. If the person poses a serious threat then they can arrest and detain the person. Yet, their discretion can help them refer the person to a men...