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Police use of discretion
Discretion in the police system
How police discretion is abused
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Stop and frisk has been a highly conversed topic within the general public within recent years. Many people think that these are just a way to profile possible offenders and treat them as guilty before they do anything wrong. Our book describes how that is not true because a stop and frisk must meet certain requirements in order to be valid. A major case that was held in regards to stop and frisk was Terry v. Ohio and this case determined that a police officer must meet two requirements in order for the stop to be valid. The first one is that either a crime has been committed or will be committed and the suspect is possibly armed and dangerous.
Arresting communication: A Life Saving Tool Often funny, sometimes heartbreaking, and always informative, Jim Glennon’s book Arresting Communication introduces the reader to the concept of both verbal and non-verbal communication in the world of law enforcement. His down to earth approach makes it easy for a broad range of readers to understand these concepts. Anecdotal stories also help drive home the message that proper communication is key to keeping both a law enforcement officer and those interacting with them safe. The book is incredibly informative as much of this information likely will not be covered in a classroom or in a police academy, at least not as in depth as this book anyway. Early in chapter 1 of the book, Glennon states that 97% of arrests are made without the situation devolving to violence.
The Australian police force is one of the most noticeable and influential agencies of social control within society. Because of this, the NSW Code of Practice signifies in attempting improving the liability of the NSW Police to the community it serves. The Code of Practice complements the NSW Police’s code of Conduct & Ethics by providing an ethical framework for police, by reinforcing the need for all officers to act with honesty and integrity. These codes are created upon members of the NSW Police acting in accordance to morals and values such as treating everyone with respect, courtesy and fairness and powers are applied correctly and sensibly. These ethics aim to improve the Police’s NSW Police Force Code of Practice as it requires officers to put good practice into place.
Police work is unpredictable and is very dangerous. In some situations, officers may have to utilize use-of-force tactics in order to gain control of a certain situation. This essay will focus on the discussion of polices discretion to use force limited to a suspect who is being “uncooperative” and what mitigating factors may escalate or de-escalate force response by an officer. Written guidelines have the effect to limit the amount of discretion that an officer might use during stressful and dangerous situations in which they find themselves.
NYPD has engaged in a practice known as “Stop and Frisk”. This policy allows officers, based on reasonable suspicion that criminal activity is afoot, to engage in investigatory stops and to conduct a pat down of the outer clothing of the individual if there is reasonable suspicion that the suspect is armed” (Simmons, 2014). A stop can take place with an individual that an officer considers reasonable to search based upon speculation of an encounter. For example an officer pulls over a young black man and request for his driver license and registration. The young man complies but the officer begins to speculate and assume he is carrying either illegal drugs or a concealed weapon.
Law enforcement and correctional officers daily cope with delicate situations. When faced with an unique, possible deadly situation requires an immediate and appropriate response. We have learned thus far that law enforcement and correctional officers employ a great amount of discretion on a daily basis when performing their duties. Misuse of discretion can lead to society questioning police tactics and policies. Racial profiling is an illustration of misuse of discretion.
Problem-oriented policing, also known as operational strategies, have five core elements: preventive patrol, routine incident response, emergency response, criminal investigation, and problem solving. In addition to the five core strategies, there is also a lone ancillary operation strategy, support services. Law enforcement officers use this to help prevent crime by being pro-active and responding to calls. The first of the core operational strategies is the prevention patrol. Prevention patrol is an active response and most dominate operation of police strategy.
The preventative landscape of Stop and Frisk is reinforced by Terry v. Ohio, has allotted police officers the authority that a person could be seized based on a reasonable suspicion that the suspect was involved in serious criminal conduct. However when applied to N.Y., empirical evidence regarding both the factors for and outcomes of stops and frisks in New York demonstrates that either the legal standard is too permissive or police-stop documentation is not truthful (Rudovsky). Stop and Frisk allows a great amount of power to officers to determine reasonable doubt which encompasses all criminal activity, no matter how trivial. The power provided to law enforcement to put into practice Stop and Frisk, allowing for more discretion in combating crime. While it does also set the tone for the abuse and misappropriation of stops, as “reasonable doubt” is a more
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.
I intro A.The New York black man(Eric Garner) got chock hold to death buy a NYPD police officer. B.Dr. King declared, “I have a dream that one day this nation will rise up and live out the true meaning of its creed” (Smith, 2009). II body A.In
Ben-Porat, G. (2008). Policing multicultural states: Lessons from the Canadian model. Policing & Society, 18(4), 411-425. Ben-Porat focuses on the issues addressed in policing. The article expresses the importance on protecting and serving all civilians when it comes to communicating.
Throughout history, disputes and tensions between law enforcement officials and communities of minorities have endured hostility and violence between each other. Racial profiling has become a “hot topic” for researchers as well as for politicians and by now it is likely that most citizens are at least aware of the common accusations of racial bias pitted against law enforcement (Cochran & Warren, 2013). Communities of color are being discriminated against and racially profiled by white police officers for any suspicion of criminal activities. It has been widely assumed by policy makers and citizens alike that allegations of racial profiling are mostly associated with the policing practices of white officers and their treatment of racial and ethnic minorities (Cochran & Warren, 2013). Also, individuals of minority descent will certainly recognize that they are being racially profiled during a stop that is being conducted by a white police officer.
Police corruption and the law breaking the law has very serious and unpleasant consequences, but the high profile scandals we hear about say a lot about how the establishment works nowadays. Yes, there was a level of expectation from the police who were involved in the incidents at Horsnett Farm, but experience established that expectation was never met Quote from Napoleon Bonaparte comes to mind ‘Never ascribe to malice, that which is adequately explained by incompetence’. Incompetence is the safest fallback position for the police force, because the alternative, in systemic corruption and abuse of power at the highest level is too awful to contemplate. Police
The topic for this research proposal project is on community policing, and the factors that are involved in determining if relationships between law enforcement and citizens in these neighborhoods are strained. In order to be successful, community policing must be built on trust, as both civilians and law enforcement must work hand in hand to protect their communities. If there is a lack of trust, then these programs becomes broken, and can therefore lead to other violence and criminal acts. This research proposal project will focus on minority based communities and citizens, where the majority of the citizens are either African American or Hispanic.
INTRODUCTION In almost all societies police is a source of controversy as it constitutes a legitimate force, interposed between the state and the law on one side and citizens on the other. What people think about the police and their work becomes extremely important and can serve as a significant social indicator of the political health of a society as a whole (Benson, 1981 cited by Andreescu & Keeling, 2010, p.1). The manner in which the stakeholders "see" the police can determine the perceived legitimacy of the institution itself, the respect and the citizens’ compliance with the law (Tyler & Huo, 2002), and the quality of their interaction and cooperation with the police as well. The police equally represents a matter of substance and image,