Why Police Discretion is Necessary? Law Essay Paper (Essay Sample)
Why police discretion is necessary? It encourages police-citizen relationships and helps criminal justice system.
Vague laws allows police discretion, Limited resources(cannot enforce law at all times, not enough officers and time in the system to enforce the law at all times etc) and full enforcement would alienate public/overwhelm criminal justice system
Police discretion is used in mainly these four areas (youth, mental illness, use of force, domestic violence)
LOOK AT SLIDES 10-14 in attachment. The paper is basically for police discretion, stating the argument. Body paragraphs (argument) are linked back to the hypothesis
Why Police Discretion Is Necessary
Why Police discretion is Necessary
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.
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