Police Discretion

Introduction
This research paper is to discuss the provocative issue in 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 to detective to detective judgement making. In law enforcement, there are two words that have been the center of controversy for centuries which is police discretion. Furthermore, …show more content…
Wells case, Wells felt the officers did not have permission to open the trunk of his vehicle once it was impounded (Roger, 1991). The issue of discretion grew because Wells felt the standardized police department actions has allowed the police officers the right to conduct inventory search on his vehicle (Roger, 1991). Wells case is just one of the many cases where the courts view the officer’s level of discretion. The courts ultimately ruled that Wells impounded vehicle should have been searched and there was no discretion required. The fourth Amendment protects citizens’ rights to privacy which limits police …show more content…
Police officer regularly use their personal judgment to make split second decisions which involves the life and freedom of the community in which they are sworn to protect and serve. Thus, it is difficult for discretion to be abolished totally in the field of criminal justice. Discretion can be used predominately for good, the highest process is to have hard internal and external controls to avert it from being molested.
Guidelines and control over police discretion is what would allow police officers to go about their responsibilities and have the ability to answer to citizens in a way that ensures their own individual independences are positively protected. Within the police divisions there is an internal concern on the rise, while external concern refers to legislation and the municipal in which police serve in every day. Police administrators can help governor the use of discretion by forming policies and providing a superior direction over their officers. Through legislative oversight and community citizens is the second best way to limit the use of police discretion among officers. Statues been created mandates police actions to be constantly reviewed, which also maintains control in discretion decision making. Society must realize that having a greater control of what police officer performance an officer can and cannot do is ultimately limiting their use of discretion on calls

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