The Pros and Cons of Police Discretion

Drawing the line between the appropriate functions of apprehension among members of the patrol force remains to be an eventful component of policing. With the discovery of natural jurisprudence force discretion, in that location had been different debates as to its importance and hindrance in the lotion of law within communities. Many arguments hand been placed as a result of much(prenominal)(prenominal) discovery and have prompted different set of opinions and views concerning its move make.In the end, by actively enforcing the films of accountability and the synchronization of processes, the process of discretion post be minimized or limited at a certain uttermost wherein it is due compliant with the rule of law and clinical in nature. The way policing has been designd in the realms of law enforcement has spurred an kindled go about in the traffic with crime hinderion and alimony of peace and surety within a crack upicular confederation. However, the subjec tivity of interpretation among law of nature officers when it comes to utilization discretion has resulted in various criticisms since its discovery.Due to this, thither had been clamors for the abolishment and the promotion of its control. The wall news news report seeks to show episode the relative pros and cons of patrol discretion. By showcasing its relative strengths and weaknesses, it exposes the reality bottom the subjectivity and bias of such actions. Realizing such scenario, there is a need for a redefinition and structuring of jurisprudence objectives that exit ensure the application of the rules and laws while at the same time ensuring that patrol discretion is rooted on objectivity and accountability.Defining treat Before dwelling deeper in the relative strengths and weaknesses of practice of law discretion, it is depression important to emphasize on its meaning and its kindred with the police practice. By ripely defining the depot discretion, it may be p roper to link it to the police practice since such term is associated with different meanings. Linking it with policing objectives, the term discretion moldiness actively partake and coincide with (1) mind, (2) choice, (3) discernment, (4) liberty and (5) pass (APSU, 2001).Seeing such, discretion means the freedom in making choices responsibly infra the circumstances aforementioned. Discretion designates power or freedom to judge and decide what postulate to be done in a particular stain (Seri, p. 2). Establishing parameters and causes Also before elaborating on the strengths and weaknesses of police discretion, it is also proper to put out the relative causes of such sentiment and how it has cultivated the development of such practice. Determining such parameters, one must look at the variables or factors that enhance police judgments and leads them to practice discretion.Examples include (1) offender variables, (2) situation variables, and (3) clay variables (APSU, 2001). Under the element of offender variables, the practice of subjectivity and prejudice somehow be manifested in the practice of law enforcement. Gender and mental wellness status affect how police handle many incidents (APSU, 2001). much(prenominal) be intimate only brings about unequal practice and in the facilitation of sanctions and punishments for different violations. other important variable involves the situation where the police enforces and uses discretion.It is in this situation that the antecedence is granted on things that are unimportant rather than the actual case (APSU, 2001). This lack of logical judgment on what matters most often results in a biased and inaccurate results. Lastly, the system in a friendship also serves as an important and tool for the practice of discretion among the police force. The actual practice of discretion is dependent on the current situations that a system might be facing. Such system in relationship with discretion varies, that is why such practice also is different depending on the particular situation.(APSU, 2001) Positive Outcomes After the discussion concerning its definition and relative parameters and causes, the paper will highlight the positive essences of police discretion. One important outcome of the issue is that it legitimizes the role of the police not only as the defender of laws but at the same time they are given the interlingual rendition power to analyze situations. The police enjoy innumerable opportunities for discretionary judgment and wider margins of discretion than any other sector within the state frame-up (Seri, p. 3).Another important outcome of the said practice is that it creates a different zephyr for the police force that practice discretion. The origin of laws are only applicable if they are ought to be enforced and practiced. Their discretionary power allows police officers to transubstantiate the spirit of laws. With their interpretation of a particular issue, there i s a legitimization of its general hold of a particular society in creating control (Seri, p. 3) The practice of discretion also improves the way police enforces the rules and regulations stipulated by the law.Since they serve as the executor and protector of such laws, they are expected to address every challenges and hurdle given to them. Like other street level bureaucrats, police officers must adapt to law and norms on specific situations, deciding on the extent which legal policy extend reflects the original law on the books (Seri, p. 3). Lastly, the practice of police discretion is an important factor of police power and the maintenance of its hold and grasp of people within a particular community.The concept of discretion in itself is creating the determination of who are good and law-abiding citizens and who are criminals (Seri, p. 4). Such power remains to be spanking in the boilersuit functions of police practice. Negative Consequences Given the positive influences that police discretion creates, there are also implications in such practice. One important sequel is the relative abuse of power among police officers in the issue of discretion. Such actions often emanates on both the extremity and unequal judgment given by authorities.The exercise of police discretion to stop, search, arrest or ship suspects is now regarded as inevitable and not necessarily improper, given the limits of police resources, variations in the seriousness of offending behaviours and the inappropriateness of criminal law for dealing with some situations of conflict and disorder (Bergen, 2005, p. 127). In addition, there seems to be a lapse and undue changing of laws that somehow have been an effect of imperious police discretion.Prior to its original function of responsible practice under the undercoat of laws, there is now a scenario that challenges the foundation of accountability and laws. Discretion allows the police to challenge mechanisms of accountability and to erode the laws and rules that they are required to enforce, in part because of the proactive character of policing and the limited, retroactive character of accountability (Seri, p. 4) Such utilise tooshie create different problematic instances in the realm of law enforcement.The practice of discretion is often times biased and prejudiced upon citizens and results in a negative impression and simplification among races and ethnicity in society. There are instances of police stereotyping, harassment and breaches of basic human rights (Bergen, 2005, p. 127-128). Controlling Police Discretion Given the relative importance and challenges brought about by the issue of police discretion, there ask to be a controlling mechanism that will seek to prevent the ravish and abuse of power by police. By controlling such concept, the process becomes objective, justified, fair and equal.The last part of the paper seeks to showcase several approaches in creating a fair avenue for police discreti on while at the same time addressing the individual needs of citizens as far as safety and security is concerned. One important realization is that police will continue to use discretion. (Kelling, 1999, p. 38). But in this setup, instead of creating an avenue for unjust and subjective interpretations, the manner in which it shall be applied should be dependent on a basis laws and regulations in a particular state.Doing such actions can help enhance and prevent the process of bias and prejudice in apprehending alleged violators. Another vital criterion that can be exhausted in the process is the creation of rules and standards on as to how police practice discretion. Such feat may prove to be difficult in nature due to its relatively varied and diverse situations however by making standards and rules, there can be a synchronized way of facilitating and improving the practice of discretion. It is a practice that is characterized as fair and equal treatment among different people.Mor eover, there needs to be continued training and development among police officers concerning amendments and changes in laws. Being familiar with such tenets can help prevent the natural event of abuse and misuse of power. By actively cooperating among the citizenry and the academy, policemen/women can have a fair advantage and at the same time taking into custody within the community. (Kelling, 1999, p. 41). Accountability is the one often undermined and stepped on when police misuse their discretion.That is why, there needs to be a constant effort to enhance accountability while preserving the ability of the police to practice discretion. There needs to be an establishment of accountability standards that identify competent and/or elegant performance violations of organizational rules, and incompetent and uncaring work, including performance with organizational rules (Kelling, 1999, p. 38). Conclusions then police discretion poses both positive and negative consequences in the community and society.On a high note, its importance in the practice of enforcement can distinctly be seen. However, due to its uncontrolled state, it often leads to abuse and misuse among members of the police force. In the end, there is a need to control the practice of police discretion by placing and putting accountability and other important standards that can help prevent bias and subjectivity. In the end, after all such efforts had been made it still boils down to one common theme the breastplate and maintenance of security among member of the community and society.