Police Discretion Essay

discernment is one of the tools used by police force incumbents taste that allows them to adapt to ever-changing conditions in society. This vital aspect of his position helps the officeholder to fairly and equitably apply and enforce the impartialitys he has sworn to uphold. Using Discretion At some point in their lives, everyone uses discretion at one era or another. In the case of the police policeman, however, discretion is an invalu fitting scientific discipline used in the performance of every aspect of his job function.When an ships military officer detains a somebody for any reason, he mustiness be able to qualify and averageify his reasoning for the stop. If he is unable to do so, he may find himself not only in an awkward accompaniment legally, hardly potentially a life-threatening one. Officers use professional discretion in a myriad of ways, from the much mundane pulling a vehicle over because an officer observed a motorist demonstrating fly-by-night behav ior to entering a home without a imprimatur out-of-pocket to exigent batch. Either way, there must be a form _or_ system of government in effect to control arbitrary discretion.Discretion under check off Controlling discretion should start long before the hiring offshoot begins. The or so 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 circumstantial situations that an officer might run across on a day-after-day basis. Once a mickledidate is hired, role-playing would be the next logical thoroughf be to follow to hone and maintain an officers abilities to handle a wide variety of situations.Another alternative for controlling discretion would be an agencys use of mechanical devices to monitor common areas and rejoin automated enforcement documents. Photo radar, red light cameras and generalized video watchfulness are three examples of such measures. This may be a workable option for satisfying the community and making sure that all integritys are enforced free of bias or opinion. Using these methods, all relevant laws and policies are followed and difference is kept to a minimum. Full Enforcement Smoke and Mirrors smart set is under the impression that police officers are in compliance with the complete, one-sided 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 totality of the circumstances. (Petrocelli, 2007)Police officers are allowed to diverge from honorable 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 finale of discretion on the part of the officers. To that end, a number of different scenarios can be examined and the implications of an officers judgment can be seen. Actions and Re exertionions here are some examples of actions and reactions that can affect, or are the result, of an officers exercise of his discretion.When it comes to the use of force, the police must exercise caution. For instance, when an officer finds himself with a hazard that he is absolutely certain knows the whereabouts of a kidnapped kidskin. After a bit of hard core interrogation the fly-by-night is still disinclined to give the location of the child. In order to obtain a confession, the officer might feel he is justified in using a considerable amount of force in acquiring this nurture. However, case law states that this would be an unreasonable method of obtaining a confession, even if a childs life was at stake.On the other hand, when exigent circumstances occur, a police officer is forced to use his discretion on the spot. A dispatched officer arrives at the scene of a homicide of a well-known(a) resident. Repeated failed attempts to contact the victims spouse at his residence hall have created a sense of urgency among the officers to prevent any tho unnecessary loss of life. In this case, entry into the residence without a warrant is justified. (Dempsey & Forst, 2005) This scenario leads us to another area of discretionary action reasonable suspicion.If an officer observes a person who appears to be carrying a concealed weapon, he is all told within his authority to conduct a stop and skylark. However, the officer must have more than just a gut feeling, he must actually have some reason to believe that the person has a weapon (e. g. a large bulge in the game of the shirt, the grip of a pistol protruding from a belt, etc). The officer cannot just randomly stop a passer-by on the street and frisk them simply because he thinks he might have a weapon. unrivalled common misconception is that all arrests by police officers require that the suspect be advised of his or her Miranda rights.However, Mirandizing a suspect is not always a mandatory procedure. For example, if a suspect has been arrested and charged with a crime just now not read his Miranda rights, the only complication this causes for the police is that it precludes them from using anything the suspect says as evidence against him or her in court. It is conceivable that an officer has more than enough evidence to prove his case against the offender and it is reasonable for an officer to refrain from advising him or her of his rights in such a case. (Nolo, n. . )However, should the police act on the information from non-Miranda statements or confession, any evidence found, is considered fruit of the noxious tree and is inadmissible in court. Lastly, the police can face the turn out of denial of counsel. During a custod ial detention interrogation, a suspect requests an attorney and the police inform the suspect that one will be provided. If the officer continues an adversarial conversation without the suspects legal counsel present, any information obtained in not admissible in court.Furthermore, once a suspect has requested an attorney, the officer must immediately cease the interrogation or they are in violation of the suspects civil rights. certainty As we can see, the use of discretion on the part of the police is an integral part of their job. Without discretion, the police would have no choice but to enact a policy of full enforcement, which is likely to result in considerable distress among the communities. Control of discretionary behavior is vital, however, to ensure that discrimination is minimized and the law is appropriately enforced.