...Police Discretion Case Analysis Albeiro E. Florez Law Enforcement Administration CCJS 340 Due by 13 October 2013 Author Note Albeiro E. Florez, Department of Criminal Justice, University of Maryland University College. This report is a response to Professor Jeffrey B. Bumgarner’s project 2 directives. Correspondence concerning this report should be addressed to Albeiro E. Florez, Department of Criminal Justice, University of Maryland University College, Adelphi eCampus, Adelphi, MD 20783. Contact: florezalbeiro87@gmail.com Police Discretion Case Analysis People make decisions on a daily basis to decide what we should do in any given situation. Having the knowledge to differentiate between what is appropriate or inappropriate is what gives us the freedom to make this decision with the correct judgment. In law enforcement, sworn officers are taught to face any situation by employing good judgment and making the best decisions by themselves or with little to no supervision. This is what we know as police discretion (The Rynard Law Firm, 2007). The Merriam-Webster dictionary describes discretion as “the quality of being careful about what you do and say so that people will not be embarrassed or offended” (Merriam-Webster, 2013). Although systematic routines and protocols need to be followed by officers to ensure they abide by the law as well as to enforce it, often circumstances will show up and force officers to make a decision based on what they feel is right...
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...discretional power to police and others in the justice system without enforcing the limits, we are asking for trouble. Everyone makes mistakes in their lifetime, it’s just a natural part of being a human and sometimes because of those human errors innocent people fall victim to wrongful accusations and end up in prison over a crime that they didn’t commit. Most officers and prosecutors don’t want to put innocent people in jail and there are relatively few officials out there that abuse their discretional power and spoil everything for us all. I agree with the statement that was made but only to an extent. I argue that discretion is more good than bad and is a necessary evil that we need even though there is a chance that it could be abused by the people that control power. Furthermore, I argue that the theories and laws to limit the discretion officers and prosecutors have are useless because they are usually not enforced strictly enough. One of the reasons that we need police discretion is because of how narrow most laws are when they are created. The nature of our laws prevents them from fitting every situation that comes up which is why we have trials to test a man’s innocence. Not every person who commits a crime deserves the full force of the punishment that they might receive. Some criminals deserve more while others deserve less because of the circumstances of the situation. Some proponents of police discretion argue that, without it, many police officers wouldn’t be...
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...Factors persuading criminal justice staff conduct paper University of Phoenix Factors persuading criminal justice staff conduct paper Many things play a role influencing how criminal justice officers will act and how the actions will affect the criminal justice system and the society that they have to protect and serve on a daily basis because of the influences of their actions. In the paper, it will be discussed the assess risk, responsibility, and financial effect working together with discretionary power worked out. By staff in the criminal justice system, and What part does a civilian oversight committee have in guaranteeing authoritative forces not manhandled as it applies to policies, procedures, risk, monetary elements, and discretion. Assess obligation, responsibility, and financial effect working together with discretionary power practiced by staff in the criminal justice system. Every organization to attain and maintain, a culture of honest a more efficient model with discipline has to apply also sustained. The administrators must embrace the new paradigm with self-accountability for each staff member one of them were head managers are not free from which means. The objectives should be to obtain self-accountability rather than just making officers liable following their act of indiscretion. Even though punishing staff members, for violating a policy that includes each tradition also common sense. There are more than numerous various approaches which could...
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...disobedience, or worse. But a failure to identify the appropriate application of discretion may brand the leader as insensitive, unrealistic, or a martinet. The various elements and characters in the criminal justice system are replete with the opportunity (and the necessity) for the exercise of discretion, none more so than the law enforcement function. The role of the police administrator is doubly challenging, as he or she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members of the agency. Project Assignment: You will submit a concept paper describing two discretionary situations for a police chief. The situations may focus on either operational issues (e.g., uniform patrol deployment, criminal investigation/arrest, traffic control, crime prevention, etc.) or administrative issues (e.g., disciplinary action, hiring, training, budget/procurement, public information, etc.). The exercise of discretion in one situation may be appropriate while being inappropriate in another. For each situation, you will describe: • the situation, the controlling protocol, and the discretionary alternative(s) • the reasons supporting compliance with the controlling protocol • the justification for the exercise of discretion • the determination that discretion is appropriate/inappropriate, and why In support of this project a minimum of two additional sources must be referenced in addition to...
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...Introduction ‘Quis custodiet ipsos custodes?’- The Satires of Juvenal Over the years, the New South Wales police have received expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace...
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...and Justice Administration, and was made a member of both Phi Kappa Phi and Golden Key International Honor Societies. Ms. Halliday has worked with and studied criminal justice issues in Australia, the United States, and the United Kingdom. Her current research interests include transnational sex and drug trafficking, and police fitness testing and standards. LEJA 518 - Issues paper: Police discretion. Gemma L. Halliday Western Illinois University “Enforcing the law without fear or favor” (Goldstein, 1963, p. 141). The very nature of police work is extremely complex in today’s society. Police officers play an important role comprising of many different tasks concerning; actually enforcing the criminal law, performing order maintenance and other miscellaneous services. It is through these duties and services that police are constantly intersecting and interacting with the community on a daily basis. Thus, they hold a very prominent and powerful position in society that requires them to protect these people’s morals, principles and values. And, the way in which police officers go about their duties and enforcing the law should reflect these morals, principles and values in an evolving, dynamic, and complex society (Jones, 2000; Gaines & Kappeler, 2003). Discretion plays a role in nearly every...
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...or worse. But a failure to identify the appropriate application of discretion may brand the leader as insensitive, unrealistic, or a martinet. The various elements and characters in the criminal justice system are replete with the opportunity (and the necessity) for the exercise of discretion, none more so than the law enforcement function. The role of the police administrator is doubly challenging, as he or she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members of the agency. Project Assignment: You will submit a concept paper describing two discretionary situations for a police chief. The situations may focus on either operational issues (e.g., uniform patrol deployment, criminal investigation/arrest, traffic control, crime prevention, etc.) or administrative issues (e.g., disciplinary action, hiring, training, budget/procurement, public information, etc.). The exercise of discretion in one situation may be appropriate while being inappropriate in another. For each situation, you will describe: the situation, the controlling protocol, and the discretionary alternative(s) the reasons supporting compliance with the controlling protocol the justification for the exercise of discretion the determination that discretion is appropriate/inappropriate, and why In support of this project a minimum of two additional sources must be referenced in addition to...
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...Contents Concept of Natural Justice ................................................................................................... 1 Definition ......................................................................................................................... 1 History of the growth of Natural Justice .......................................................................... 2 Two Rules of Natural Justice .............................................................................................. 3 Right to a Fair Hearing ..................................................................................................... 3 At a Glance ................................................................................................................... 3 Scope of Fair Hearing ................................................................................................... 5 Aspects of a fair hearing ............................................................................................... 6 Rule Against Bias ........................................................................................................... 12 At a Glance ................................................................................................................. 12 Scope of the Rule against Bias ................................................................................... 12 Forms of bias .........................................................................................
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...Deputy State’s Attorney (a) earnings/salary range (why is there a range? Are there any other benefits besides monetary compensation?) The median annual salary of an attorney employed in the United States by a local government was $95,950 in May 2013 (Bureau of Labor Statistics [BLS], 2013). The bottom 10 percent earned less than $51,220, and the top 10 percent earned more than $154,150 (BLS, 2013). “Lawyer salaries can range widely based on several factors such as the size of the firm, the number of employees, kind of law being practiced, location of the firm, the type of clientele served, how much the lawyer is willing to work, and amount of experience gained through law school” (lawyercareer.net, 2014) . In regards to non-monetary benefits, “local government employees typically have access to a number of major benefits in their compensation packages, including health care, retirement and savings, and paid leave” (BLS, 2011) . State and local governments tend to spend more on voluntary benefits at $13.24 per hour worked for their employees, compared with $7.66 for private-sector employers (Employee Benefit Research Institute, 2008). (b) Educational and training requirements (what does an individual need to possess and/or pass to get into this field?) Possession of a bachelor’s degree is required for admission into most law schools in the United States (BLS, 2014). Getting accepted into law school, especially those accredited by the American Bar Association (ABA),...
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...system (judges, parliament and law enforcement) has its own discretion. Police discretion is the ability granted by the legal system to police offices, in certain situations, to act in a manner that allows authorities to make responsible decisions and individual choices or judgments, within certain legal bounds. In law enforcement, discretion is left up to each individual officer to make reasonable and responsible decisions out in the field everyday (Beech, 2008). Discretion is used in many situations, such as when an officer chooses to stop a vehicle for a small traffic violation. There are also times when the officer has no choice but to use specific discretion in certain situations and make a decision on what type of force is necessary for certain situations (Elicker, 2007). Society believes that an officer can make any choice he or she chooses at anytime while on the job, which is highly incorrect as there are many situations when an officer has no choice but to follow the law. For the most part every officer has a choice when to use or not to use discretion, and enforce the law, but allowing this choice to be made by individuals, who may seem like an average member of society, can pose a real threat regarding the misuse of such power (Delattre, 2006). Police discretion though it relates to decisions about whether or not a chargeof the police officer in that situation where force may be required. Police officers are given a wide range of options when confronted by a potentially...
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...Jerry Bennett Hatfield’s store and computer. The matter comes before the court on the Motion for Partial Summary Judgment filed by Defendants John McDaniel, Gary Graves, Robert Furlong, and the City of Prattville, Alabama. (Doc. # 25.) The parties have argued their positions extensively: Mr. Hatfield filed a Response (Doc. # 29), to which Defendants responded (Doc. # 35), to which Mr. Hatfield filed a sur-reply, to which Defendants responded (Doc. # 45). For the reasons discussed below, summary judgment is due only on Mr. Hatfield’s Fourteenth Amendment and negligence claims. As to Mr. Hatfield’s Fourth Amendment claims, summary judgment is improper. Dockets.Justia.com I. JURISDICTION AND VENUE Subject matter jurisdiction over this action is exercised pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343. The parties do not contest personal jurisdiction or venue, and there are allegations sufficient to support both. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Jerry Bennet Hatfield, III, runs a car stereo store in Prattville called Powerhouse Audio. Sometimes Mr. Hatfield accepts trade-ins, which are not always the fruit of honest labor. For instance, when a couple walked into Powerhouse Audio toting a varmint rifle and looking for stereo equipment, Mr. Hatfield seized the opportunity and made a deal: The couple got a stereo, and Mr. Hatfield, a rifle. Hindsight will show the couple got the better of that deal. But Mr. Hatfield was not one to accept items indiscriminately...
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...TARA – 14th Annual Roads Convention Proceedings, November 17, 2011 The Practicability of Blood Alcohol Concentration Test & Drunken Driving in Tanzania Authors: Address: Emails: Key Words: Gilliard W. Ngewe & Batholomew Marcel National Institute of Transport ngeweg@yahoo.co.uk : batholomewm@yahoo.com Alcohol intoxication, blood alcohol concentration, breathe alcohol content, central nervous system, correlation coefficient, drug, drunken driving, enforcement mechanisms and impaired driving Abstract Beverage alcohol is widely enjoyed the world over in countless different settings and by a great many people. It is well recognized that irresponsible drinking patterns coupled with certain behaviors, such as driving, may bring about a range of harmful outcomes. Accordingly, many countries agree on the need to establish regulations that prohibit impaired driving, particularly as it applies to the operation of automobiles on public roads. The setting of maximum allowable Blood Alcohol Concentration (BAC) level is a tool for enforcement and for prevention. The offense of driving with a BAC above the legal limit is variously known as “Driving under the Influence” (DUI), “Driving While Intoxicated” (DWI), “drink – driving” or “drunken driving” among other similar names. The most common method of determining BAC is by measuring the alcohol in an exhaled sample of breath. However, there are claims that breath alcohol levels do not reliably mirror blood alcohol levels, in response certain...
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...numerous individuals, groups, organizations, and agencies funded by both government and non-government sources. Because, the U.S. criminal justice system is funded from different entities, there are several different agendas being carried out. There are three major components to the administration of the U.S. criminal justice system: the police, the courts, and corrections. In a perfect criminal justice system the police would arrest violators of the law, the courts would prosecute all law violators, and corrections would punish and rehabilitate violators, to integrate them back into society. While this is the formula the U.S. criminal justice system governs itself by, reality shows us that this quite often this is not the case. Only ten percent of court cases ever go to trial, with almost 90 percent of trials, being settled by plea bargain before going to trial. This often time eliminates the rehabilitation aspect of corrections. There are also instances where due to over packed jails and prisons, inmates do not end up serving their whole sentence. This is a break in corrections ability to complete the process started by the police. THE PROSECUTOR The key...
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...U.S. Department of Justice DE PA ME RT NT OF J US CE TI Bureau of Justice Assistance IJ J O F OJJ D P B RO J US T I C E P Bureau of Justice Assistance Understanding Community Policing A Framework for Action MONOGRAPH S G OVC RA MS Office of Justice Programs N BJ A C E I OF F Bureau of Justice Assistance Understanding Community Policing A Framework for Action MONOGRAPH August 1994 NCJ 148457 Bureau of Justice Assistance This document was prepared by the Community Policing Consortium, supported by grant number 93–DD–CX–K005, awarded by the Bureau of Justice Assistance, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. Bureau of Justice Assistance Response Center 633 Indiana Avenue NW., Washington, DC 20531 800–421–6770 The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. ii Monograph Acknowledgments The Bureau of Justice Assistance wishes to thank Stephen J. Gaffigan, Director of Operations, Community Policing Consortium for supervising and coordinating the preparation of this document with the Consortium Management...
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...ORTIGAS & CO. LTD., VS COURT OF APPEALS G.R. No. 126102, December 4, 2000 Topic: POLICE POWER FACTS: * This petition seeks to reverse the decision of Court of Appeals, dated March 25, 1996, in CA – G.R. SP No. 39193, which nullified the write of the write of preliminary injunction issued by the Regional Trial Court of Pasig City, Bramch 261, in Civil Case No. 64931. * On August 25, 1976, petitioner Ortigas & Company sold to Emilia Hermoso, a parcel of land known as Lot 1, Block 21, Psd-66759, with an area of 1,508 square meters, located in Greenhills Subdivision IV, San Juan, Metro Manila, and covered by Transfer Certificate of Title No. 0737. The contract of sale provided that the lot: a. Be used exclusively for residential purposes only, and not more than one single-family residential building will be constructed thereon. b. The BUYER shall not erect any sign or billboard on the roof for advertising purposes. c. No single-family residential building shall be erected until the building plans, specification have been approved by the seller. d. Restrictions shall run with the land and shall be construed as real covenants until December 31, 2025 when they shall cease and terminate These and the other conditions were duly annotated on the certificate of title issued to Emilia. * In 1981, the Metropolitan Manila Commission (now Metropolitan Manila Development Authority) enacted MMC Ordinance No. 81-01, also known as the...
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