Should Police Exercise Discretion?

In my opinion I think police should exercise discretion. Discretion is the opposite of routine and habitual obedience. It brings knowledge, skill, and insight to bear in unpredictable ways. Police are not soldiers who must blindly follows orders. Police must be more than competent at applying the rules; they must adapt those rules to local circumstances in a rule-bound way. It involves making personal contributions, judgment calls, and individual solutions. It's about the courage to make your own decisions, to have personal input, following your conscience, even if those decisions are reversed later by a superior. Discretion is not just about making "safe" choices. It's about making good choices by habit or the wisdom that comes from the ability to size up people, arguments, and situations. Tactfulness, empathy and being discreet are all forms of discernment. Discretion is not where the law ends. It's about permission to act as a free and equal agent, and using that permission in

extending the rights to extend toward a vision of liberty, inalienable rights, and the kinds of things that no majority, rule, or principle can ever take away. The public seems untrustworthy and unwilling. They seem to want

strict accountability for officers. There are many variables that effect this. One, the offender variable, Police take adult complaints more seriously than those made by juveniles. Arrest and force is more likely to be used against citizens who show deference. Laws are passed blindly , and usually written quite narrowly. Police encounter a wide range of behaviors and a variety of situations that the law hasn't even thought about yet. Let me clarify discretion is not doing as you please. Discretion is bounded by norms professional norms, community norms, legal norms, moral norms. The future of policing as a profession depends upon whether discretion can be exercised properly. Police give serious crime more attention than minor matters. The presence of weapons or acts of resistance often result in police overreaction. The type of property involved in a property crime determines police response and investigatory effort. Activities initiated by police are followed up more than activities initiated by citizen complaint. Police tend to become much more bureaucratic when witnesses, an audience, or the media are present. The law simply does not cover every situation that a police officer encounters in the field. In cases where the law may be clear, it might be more effective for the officer to ignore strict the law. One of the most amazing things about policing is not who they arrest, but how many they let go. On the other hand, police work is dangerous, and officers

sometimes view non-dangerous situations as more dangerous than they really are. Which could account for police overreaction, brutality, and unnecessary lethal action. But in most cases police have good reason for these actions. For example : LaFave (1965) and Davis (1969) list the following reasons for non-arrest: Police believe the legislature did not desire full enforcement. Instead, they believed the politicians were making symbolic statements, expressing an ideal, or appearing to be tough on crime. Other laws may carry penalties that the police think are too severe. The crime is common within a sub-cultural group, victims do not file complaints, witnesses refuse to testify, victim and offender are related, the victim is involved in misconduct, and the victim is more likely to get restitution without arrest. An arrest may cause loss of valuable public support in the community. Police believe other duties are more urgent or important. There are five common are of police discretion. First is domestic violence, police view this as more of a private affair. Police have no choice but to exercise discretion. Victims of abuse are not going to come forward. Because they are scared of what the abuser will do. Second is hate crimes, whether its against people of a certain race or sexual orientation. These crimes require high discretion. Especially for the victim. The media has a hay day with these stories. And put it out in the world will only embarrass the victim Third is

vice crime. This type of crime is against the public order or morality. These crimes also "victimless" in the sense that participants are involved consensually and willingly. There are a number of reasons why vice enforcement is ineffective. One reason being that it is hard to monitor. Because things like gambling and pornography are not illegal. The laws are almost unenforceable. Investigation leading to conviction and complaints. Most police departments can't afford special vice units, and such investigations are costly and time-consuming. They go after it when opportunities avail themselves Vice enforcement encourages illegal police activity, like wrongful searches, planted evidence, entrapment, corruption, and organized crime infiltration. And lastly is use of force. Along with high-speed pursuits, searches, seizures, and lethal action. The amount of force to be used by police officers is usually described in police manuals as no greater than necessary and reasonable in a given situation. Unquestionably, the use of force must be controlled and confined to protect the department from civil liability, but the following factors are also worthy of consideration. First police have the right to protect themselves from harm. In a situation of life and death. Second is the precedent, what were the previous actions of the officer? And lastly the need to build security for future officer in those situations. In conclusion I think that officers should

use discretion whenever they need to judge a situation. But in situations that require a quick decision. Discretion should not be an issue. The law cant judge every single possible scenario. Only a police officer can.

Bibliography: http://www.caught.net/prose/policediscretion.htm http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=displa y_arch&article_id=1054&issue_id=112006 http://www.officer.com/article/10249949/picture-thisno-police-discretion