yourself how an officer of the law makes decisions and if there’s guidelines he must follow? Police discretion is a vague, or an unclear term that has an appropriately vague definition. It is the decision making power given to police officers that allows them to decide if they want to follow police procedure or let someone off with just a warning. How officers treat each incident is very different in each situation. All of them based on the own officer’s discretion. Discretion can be found in a police…
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Police Discretion Police discretion is an action by a law enforcement officer based on that individual's judgment about the best course of action. Their ethics is to adhere to moral duty and obligation to their work. Discretion can be used to approach the law differently. One way this can be used is deciding whether or not to pull over a vehicle, and issuing a written warning instead of a ticket for a minor traffic violation. Police discretion can serve as an important trait. It allows the officer…
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Gonzales v. Castle Rock is a that the United States Supreme Court ruled on, which involved police action or the lack thereof, along with the respondent’s desire for civil action against the police department, located in Castle Rock, Colorado. The case started when Gonzales and her estranged husband were going through a divorce. The respondent, Gonzales, filed for an Order of Protection against her husband because of his violent actions and threats. Gonzales notified the police several times stating…
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achieved equality in law enforcement. Finally, policing culture can be analyzed when looking at the internal and external mechanisms that influence and control police discretion. Police culture continues to puzzle the average citizen; not belonging to “the brotherhood.” Police officers command a certain respect simply by donning the uniform and carrying a badge. The police culture provides many benefits to individuals who belong to this private organization. Officers of the law have their own social…
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would need to have someone from outside the department to be over the research making it fair and unbiased. Most law enforcement officers would maintain they are not biased, prejudiced, or using racial profiling in their policing methods. We would also want to divide the high-discretion stops from the low-discretion stops because with the high-discretion stops officer has ample discretion to decide whether or not to make a stop. In a traffic perspective, this might involve a driver failure to signal…
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the biosphere of criminal justice, which is police discretion. This paper will also discuss the various control mechanisms that is focused around police discretion. Identifying the need for discretion in law enforcement and the limitation of police discretion on the other hand. This paper will begin by providing the definition of what discretion is, and how it works within the context of law enforcement. The history of discretion and how discretion is exercised by police officers, for example: patrol…
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Police Discretion April 20th , 2008 One aspect of the criminal justice system that has been debated for many years is that of police discretion. Police discretion is defined as the ability of a police officer, a prosecutor, a judge, and a jury to exercise a degree of personal decision making in deciding who is going to be charged or punished for a crime and how they are going to be punished. This basically is saying that there are situations when these law enforcement officers have to use their…
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the American public. It enables the people the right to ensure that they have privacy and are able to maintain the protection of themselves from the government. Although there are restrictions and ways that allow officers and law enforcement to use their discretion of authority, the public will always have the Constitutional right to maintain and practice their right to privacy from the government. Each person has their own opinion about this amendment, but according to Justice Brandeis, he…
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This statement alone proves that people of color are more likely to be targeted by law enforcement. Additionally, individuals with darker skin tones are faced with harsher sentencing than their white counterparts. Tanya McDowell, an African mother, faced a five-year prison sentence for enrolling her son into the wrong district, but Felicity…
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Agency Authorization of Deregulation Administrative Law November 29, 2013 Abstract The Constitution, Congress, and state legislatures establish administrative agencies. The courts have allowed Congress and other legislative bodies to make laws that delegate lawmaking authority to administrative agencies. In Abbott Laboratories v. Gardner, the Court held for the first time that the Administrative Procedure Act (APA) creates a rebuttable presumption in favor of…
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