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Principles of police discretion
What is police discretion
Short sample of argumentative essay
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More handpicked essays just for you.
Principles of police discretion
What is police discretion
Short sample of argumentative essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
This creates a situation that allows police officers discretion in the way they think about what they see and how they handle those with whom they come in contact. There has been an effort by the research community to examine issues concerning how police act and respond in general and what police do specifically when they interact with citizens. A conspicuous void in the research effort has been the lack of attention paid to the process by which police officers form suspicion about a suspect whether or not a formal intervention such as a stop was made. Officers in Savannah, Georgia were observed and debriefed after they became suspicious about an individual or vehicle. Observers accompanied officers on 132, 8-hour shifts, during
In discusiion of chapter 19, I learned that there is a high rate of incarcerated offenders in the justice system. Some offenders are released early and placed on parole. The caseloads of officers are overloaded. The average parolee have fines that they can not pay due to poor resources in the community. Many are released early because the prisons are overcrowded and punishments are used to deter crime.
When people think of a good judge they typically think of somebody who is fair, not bias and has some sort of experience. However, in today’s society, particularly in the United States, our judicial selection methods are not made to select judges on their ability to reason well and rule impartially (Carter and Burke, 6). On top of that, judges have no actual training before they become part of the judiciary. The only training they receive is in school when they are studying the law. Sometimes when they pursue an apprenticeship with a judge they also get a little bit more experience or insight into a judge’s job.
Bureaucracy: To most people and politicians: bureaucracy = negative connotation To scholars and bureaucrats: bureaucracy = neutral meaning Consists of appointed officials who work in a large and complicated organization Authority is divided among many groups of people Opposite of a dictatorship (bureaucracy is rule by many people who work together to make decisions) Ex. corporations, universities, congress Government by proxy: The principal our federal government runs on Consists of money given to private groups and local governments by the federal government in order to fund federal programs Ex. Social Security and medicare Negatives:
Discretion is necessary because it helps officer with their own opinions and being fair/unfair to certain situations. For example there are two cars and the street light is about to change. One car decided to run the yellow light he or she had enough time to get across but for the other car he or she did not have enough time to get across but still decided to run that red light guess who got the ticket the person who went through the yellow light. Another example is when a person is driving over the speeding limit and having the phone to his or her ear. The officer can pull the driver over and give the driver two tickets one for speeding and one for having the phone to the ear.
Executive privilege has been referenced in many supreme court decisions and even some that are related directly to the current case that is before us today. In the second world war during the year 1944 the precedent setting supreme court case Korematsu Vs U.S. was argued setting the precedent that in a time of war (of which one we are in right now) the government could use the crucial notion of executive privilege to preserve national security. While the way it was executed is different in both cases surly there are some parallels. This case truly fleshes out what it means to have executive privilege and is an important case to keep in mind as we look at Hamdi v Rumsfeld. This case cited executive privilege as being able to override the rights
Discretion is an official action taken by a police officer or any other agent of criminal justice in whereby they use their individual judgement to decide the course of action suitable for an occurring incident. In criminal justice, an officer considers the totality of circumstances before reaching on a decision to either take legal action or not against an individual. And to what extend the and kind of action will be take (Griffiths, 2013: 122), for instance; warning or arresting the individual. Furthermore, discretion is the privilege or permission granted to officers to use their own judgement to make practical decisions. However there are also attached constraints to this.
Topic: The role that police have in the criminal justice system. Summary: This week we covered the role police in the criminal justice system specifically focusing on police discretion and the impact on marginalized groups. I found throughout this topic it built on my understanding of roles that police have in society, and how police deal with offenders, in particular minor cases before the court process. The works of Chapel and Wilson also broadened my knowledge as they where the studies that concluded that policing is a “vital component of governing a contemporary society” (Palmer, 2012).
With me being a criminal justice major, being discreet is a must in certain police situations. The police, attorney, court of law , and corrections all have instances such as deciding lesser differences in matters such as an everyday pull over for the police, whether to take a case or not for attorneys, whether to break the law or not for citizens, and for judges how long of a sentence should be handed down. Many decisions a police make is at his or her own discretion. Police have a wide range of discretion in their multiple daily duties. Discretion can be seen when an officer decides whether to pull a car over, question some people walking, write a ticket or make an arrest.
Origin and History of the Criminal Justice System The Criminal justice system is a system that was made to control crime and make punishments to whoever break a law or rule. The beginning of the criminal justice system of the United States goes all the way back when the United States still belonged to the Great Britain. Americans were under Great Britain laws and rules and most of the laws were unfair. After the Revolutionary War and the United States became independent and they needed to create their own types of system to run their country.
In the formal criminal justice process, there are important decision makers that decide whether to keep the offender in the system or dismiss the suspect with no future consequences. Suppose a law was set in place
Often times public administrators have a couple of circumstances in which they do not make a difference prudence. The high-positioning directors, for example, the President of the United States and mayors, among others, realize that now and again, circumstances may emerge in operations and program usage forms in which existing regulatory controls or lawful methodology are lacking or unseemly. Utilization of attentiveness winds up plainly important, particularly in circumstances in which quick activity is required. According to Jeremiah 10:12, which states, “He hath made the earth by his power, he hath established the world by his wisdom, and hath stretched out the heavens by his discretion” (KJV).
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
Yet it is also misleading to say that judicial duty prevents discretion. Judges can use discretion; they use discretion in a so-called weaker sense As a theory of adjudication in the English and American contexts, the Dworkin's theory is, at least, challenging, provocative. Thus Dworkin alternative theory of adjudication is persuasive.
I mean the doctrinal points that are the concepts based on legal mentalities of these nations and reflected, first of all, in General Parts of their Criminal Codes. The issues of criminalization that is the process by which behaviors are transformed into crime as well as the issues of penalization that is the declaration of a behavior punishable by law often reflect a political background but not the basic concepts, underlying criminal law. And it makes no difference whether this or that rule is fixed in the text of a criminal legislative act or formulated by a criminal law expert. The only thing that matters is the fact that a rule exists. For example, the concept of a factual personal mistake that is when a person is misinterpreting his or