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Police Discretion How Do the Internal and Essay

Pages:3 (1049 words)

Sources:3

Subject:Law

Topic:Police Discretion

Document Type:Essay

Document:#44818191


police discretion? How do the internal and external mechanisms influence police discretion? Is there a better solution to improving police discretion?

Police discretion is when the officer will have the responsibility to make their own determinations as to how they should be enforcing the law. The way that this is accomplished is through giving them the flexibility to decide how much emphasis they should place on dealing with specific situations. For example, assuming that someone is speeding three miles per hour over the speed limit is considered to be a gray area. Technically speaking, the patrolman has the right to pull the driver over and give them a ticket. The discretionary part takes place if it appears as if other crimes could be committed during the process (such as the driver of the car is swerving radically). This will give the officer the power to pull the vehicle over based upon the belief that this person could be driving while intoxicated on drugs or alcohol. While simply pulling someone over for speeding, might not be an issue based on the fact that the rest of the traffic could be moving at this speed. This is important, because how discretion is used will determine the way the law is enforced on a regular basis. (Scott, 2011)

The internal mechanisms establish various policies and procedures as to how discretion is applied. This takes place by having a specific unit inside the department that will monitor what actions their officers are involved in (i.e. internal affairs). As they will investigate issues that will have an impact on the way the law was enforced. This is designed to serve as a tool that will place the actions of the entire department in check. (Scott, 2011)

External influences are the standards that are established by the community and the courts. This is because there are certain actions that officers will take when they are enforcing the law. In situations where they have gone too far, the community can become angry about what is happening (which will place pressure on the department to control its officers more). While the courts have the ability to throw out cases when it is clear that law enforcement overstepped the boundaries of their authority (based on the techniques that were used). (Scott, 2011)

As a result, this is the best system for monitoring the overall scope of police discretion and how it is applied. The reason why, is because the internal affairs division of the department can deal with issues and how the officers are reacting to situations. Once this fails is when an individual can go to the courts to seek out some kind of remedy for these actions. While at the same time, the community can place pressure on politicians and the department itself. This is when these actions will be continually brought into question. (Scott, 2011)

How would you describe police culture? How does stress affect the policing community? What hypothesis can you make between stress and police officers who have to make difficult / easy situational decisions?

Police culture is when the department will share: a set of…


Sample Source(s) Used

Bibliography

Police Culture. (2011). Northeastern University. Retrieved from: http://www.northeastern.edu/sccj/about/news_items/story6.html

Scott, M. (2011). Police Discretion. E How. Retrieved from: http://www.ehow.com/facts_5135852_police-discretion-definition.html

Pelovangu, R. (2010). Police Culture. Suite 101. Retrieved from: http://rolly-pelovangu.suite101.com/understanding-police-culture-a236425

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