Police Discretion

DOCVARIABLE SH5SectionTitle

Police Discretion

Kristen Previte

University of Phoenix

CJA333

Keith Bailly

August 25 , 2007

Introduction

Discretion is one of the tools used by police officers discretion that allows them to adapt to changing conditions in society . This vital aspect of his position helps the officer to fairly and equitably apply and enforce the laws he has sworn to uphold

Using Discretion

At some point in their lives , everyone uses discretion at one time or another . In the case of the police officer , however , discretion is

an invaluable skill used in the performance of every aspect of his job function . When an officer detains a person for any reason , he must be able to qualify and justify his reasoning for the stop . If he is unable to do so , he may find himself not only in an awkward situation legally but potentially a life-threatening one . Officers use professional discretion in a myriad of ways , from the more mundane pulling a vehicle over because an officer observed a motorist demonstrating suspicious behavior to entering a home without a warrant due to exigent circumstances . Either way , there must be a policy in effect to control arbitrary discretion

Discretion under Control

Controlling discretion should start long before the hiring process begins . The most suitable method would be a double-pronged test . The first examination would be a formal , standardized , psychological test followed up with an oral review of specific situations that an officer might run across on a daily basis . Once a candidate is hired role-playing would be the next logical avenue to follow to hone and maintain an officer 's abilities to handle a wide variety of situations

Another alternative for controlling discretion would be an agency 's use of mechanical devices to monitor common areas and generate automated enforcement documents . Photo radar , red light cameras and generalized video surveillance are three examples of such measures . This may be a viable option for satisfying the community and making sure that all laws are enforced free of bias or opinion . Using these methods , all applicable laws and policies are followed and discrimination is kept to a minimum

Full Enforcement : Smoke and Mirrors

Society is under the impression that police officers are in compliance with the complete , unilateral enforcement of all laws . This mythical aspect of policing does more harm than good in most situations since this false impression can lead to feelings of discrimination or persecution . The reality of the situation is that police officers have considerable , although unofficial , latitude in their decision-making process for day-to-day operations . Officers are paid to make specialized decisions through a prism of their training , experience and allowed to diverge from full enforcement for numerous reasons and in a wide variety of different manners . However , the law and departmental policy must set limits on the amount and extent of discretion on the part of the officers . To that end , a number of different scenarios can be examined and the implications of an officer 's judgment can be seen

Actions...