...I chose Chapter 9, Policing Discretion and Behavior, to summarize. I chose this subject matter because my main goal of taking this course (I am not a Criminal Justice major) was to understand when, why and where an officer can search my possessions and how officers use their discretion to be objective in their line of duty and how not to be subjective when making their decisions. In my personal opinion the world is a corrupt place in many ways. I want to avoid corrupt officers at all costs and I feel as a citizen having the knowledge of police tactics and the way justice is served is the most important step in doing so. I am not saying I do not trust police officers, I have immense respect for their line of work; but I am not naive to the world and I know that everyone cannot be trusted. The Role of Discretion in Policing. Unlike any citizens outside their profession, officers have the right to use force against someone. Another important characteristic of the policing profession is the amount of discretion given to individual officers. The senior police management officers make decisions about department policies, police strategies, and distribution of police resources; this is also called command discretion. Surprisingly, day to day decisions like whom to stop, whom to arrest, and who to question are made by everyday officers. These officers also decide how to deal with public complaints. There is much public concern and the media and policy makers take great interest in...
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...Police Culture Marissa Efros, Lysa Lawson, Awele Meju, Makita Walker, Joseph Washington CJA/214 May 24, 2012 Jesse Banks Police Culture The history of policing can be traced back to the beginning of time. When looking at the subject of police work there is a large culture and history that follows along with it. There are many topics that can be analyzed when identifying, and describing the elements and the significances that are associated with policing. A large element of the police job that plays a large factor in the work and attributes to the policing culture is the amount of stress that an office will face while performing on the job. Another part of the job that plays a large part in the culture of policing can be found when one examines how women and ethnic minorities have 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 circle that only persons with a badge and uniform are allowed to be a member of. Also, it has been shown that police officers have difficulty in relationships...
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...Discretion is defined as the authority to make a decision between two or more choices. More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events. Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situational situations with individuals (Sherman, 1984). Discrimination can lead to legal problems for an officer of the law. If discrimination due to an officer’s use of discretion results in a violation of due process it is a violation of the law (Young, 2010). Due process is the constitutionally mandated procedural steps designed to eliminate error in any governmental deprivation of liberty, life, or property (Pollock, 2010). One of the main concerns with using discretion is the possibility of it leading to a violation of due process by racial profiling. Types of Negative Police Discretion Racial profiling occurs when a police officer uses a “profile” as reasonable suspicion to stop a person with the intent to obtain consent to search their belongings (Pollock, 2010). These stops are usually traffic stops and the officer is looking to obtain consent to search the...
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...today’s society are given a significant amount of discretion simply due to the nature of the job. These officers are often faced with many threatening situations forcing them to react quickly and properly. They have the power to infringe upon any citizen's rights to freedom and therefore they must use this power within the limits of the law. One major concern with the amount of discretion an officer has is their ability to decide when to or not to use lethal force while apprehending a subject. Manning (1997:295) argues that it is generally accepted that police should be allowed to use force when necessary. He also goes on to explain that there is an uncertainty amongst citizens as to what constitutes excessive force. The link between what is necessary and what is extreme is very marginal. The use of force is no doubt one widely debated aspect in policing; however, excessive force should also be used with great discretion. If officers do not use force on every suspect they encounter, then they may be creating a negative environment for the community. As defined by David Allender (2004:18-19), community policing is a philosophy of full-service, custom-made policing where the same officer patrols and works in the same area on a mandatory basis, from a decentralized place, working in a proactive partnership with citizens of that community to identify and solve problems as a team. The most important factors pertaining to community policing include personalization, partnership, and problem-solving...
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...Use of Excessive Force by Police Use of Excessive Force by Police Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line between what is necessary and what is extreme is very thin and hard to see. Use of force is no doubt one of the most important aspects in policing; however, force should also be used with great discretion. The community policing style is defined by David Allender (2004) as a philosophy of full-service, personalized policing where the same officer patrols and works in the same are on a permanent basis, from a decentralized place, working in a proactive partnership with citizens to identify and solve problems. The most important factors to community policing include personalization, partnership and problem solving (Allender, 2004). The idea is to create a relationship with citizens that are both trustworthy and honest. When officers begin to use force...
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...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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...patterns of discretionary behavior in eight police departments (Police: Organization and Management - Variation in Style and Structure, 2011). From these observations he concluded that police organizations, depending on their approach to these functions, could be categorized into three basic styles of policing. These operational styles are the Watchman, the Legalistic, and the Service styles. The Watchman style is based primarily on the use of uniformed police patrol (Grant & Terry, 2008). Wilson noted that the patrolman’s role was defined more by his responsibility for maintaining order than by his responsibility for enforcing the law (Wilson, 1978). This style of policing includes a considerable use of police discretion. There are few policies and procedures, therefore allowing for an individual approach by officers towards problems. This form of policing is less pro-active than other forms, and as a result, officers are distanced from the people in the community. The Legalistic style of policing emphasizes the importance of law enforcement and maintaining clear and impartial legal standards for both the police and the public alike (Grant & Terry, 2008). In this form of policing, there is a high level of commitment to professionalism and considerable importance is placed upon research and planning. In legalistic-style departments, officers initiate formal contact with citizens and structure their work according to the criminal law (Police: Organization and Management - Variation...
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...conduct that could lead to an arrest, whereas order maintenance problems involved less serious behavior that in many cases could be dealt with informally by the police. Based on a study of eight police departments, Wilson concluded that police organizations could be divided into one of three basic categories depending on how they approached these problems: the watchman style, the legalistic style, and the service style.” (Grant & Terry, 2008, Chapter 9) The watchman style places great emphasis on order maintenance and individual officer discretion instead of the letter of the law. The watchman police officer may be more willing to issue warnings, help informants stay out of trouble, or to help work out disputes between citizens instead of making an arrest. The watchman uses discretion in determining when to issue a ticket or make an arrest. The watchman may use bullying or harassment to help maintain the peace. The legalistic style of policing tends to replace the watchman style as the police become more professional technologically advanced, and more proactive. The legalistic style emphasizes the importance of law enforcement and maintaining clear and impartial legal standards for the public and the police. A legalistic police officer sees things clearly in a “black or white” way. If an offence was committed, then an arrest will be made. The legalistic officer usually will not take extenuating circumstances into consideration when issuing a ticket or making an arrest. The service...
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...Police History Paper Detric Lester CJA/214 April 28, 2013 Professor Shawn R. Kehoe, MPA Throughout the course of history, American policing has been influenced heavily by the English system. England and Colonial American citizens were both responsible for law enforcement in the early stages of development in their communities. The history of policing has changed progressively over the years. In the legal system law enforcement systems evolved over a period of time causing major differences in the titles, responsibilities and credentials of police officer. The historical development of police history time line began during the Early 1630’s when Colonial America early constables and sheriffs were concerned about the behaviors of the community-approved religious attendance and the appropriate restraint of farm animals, they served court papers for a fee. In the early 1840’s Metropolitan America in New York the first full time preventive force was established, with each district having its own authority. Each ward had a separate patrol and citizens were chosen by Aldermen to be officers. Frontier America territory became a state by the early 1840’s, then sheriffs and marshals were elected in the towns and counties. New entrepreneurs elected to reduce violent crime to keep their business thriving and their town’s reputation clean. By the early 1920’s police professionalism characteristic were policies focused on law enforcement and crime control, and social service elements...
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...1. Q: What is community policy? What is the established philosophy of community policing? Does your community utilize community policing, and if so how? Community policy is when a police force and citizens within a community form a bond to control crime in a neighborhood. The philosophy is that police simply showing up when called to take care of a crime didn’t have a lasting effect on the crime rate because they were just seen as public service figures, but when seen talking with people in the neighborhoods often or doing foot patrols it gave the impression that the neighborhood had a firm stance on crime. My own community is too secluded and small to utilize community policing but there are areas within my town which have a community watch program which is a good example of how this system is used today. 2. Q: What are the four main functions of the local police? Describe each function has to what the police do and how it helps the citizens. The four functions are: Law enforcement- Law enforcement is the most commonly thought of aspect when asked what an officer does. These duties include testifying in court, investigating a crime, routine traffic stops and many other duties. This function serves to protect people in a community and punish criminals. Order maintenance and peacekeeping - Order maintenance and peacekeeping includes duties such as breaking up a fight, stopping a domestic dispute before it goes too far or even patrolling a local community street festival...
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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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...• Typology studies of police contrast the notion that all officers see the world through the same lens and suggest that officers might cope with the strains of their occupation differently • Changes in the demographics of police personnel (i.e., more females, racial minorities, and college-educated officers) as well as changes in policing philosophies (i.e., community policing) over the past...
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...There have been some major changes in the police response to domestic violence however there are still many areas that need improving. The purpose of this essay is to analyse the relative response made by the police to crimes of domestic violence by examining the theories and statistics from the study of various criminology scholars as well as scrutinising the impact of any changes or improvement that may have since occurred in policing. The Government defines domestic violence (DV) as "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality." This includes issues of concern to black and minority ethnic (BME) communities such as so called 'honour killings' [homeoffice.gov.uk]. In analysing the adequacy of police response to domestic violence, it is vital to firstly understand the scale of abuse against victims of DV. Several statistics, such as Stanko’s study in the year 2000, found that police in the UK received one call every minute for support concerning domestic violence. According to Dodd et al (2004), only 40.2% of actual domestic violence crimes are reported to the police. Moreover, 20 incidents of DV may have occurred before it is reported [Walby and Myhill, 2000]. As of 2005, 17% of all reported crimes were of Domestic Violence (Nicholas et al). What's more, even though the concept of domestic violence...
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...ISSUES IN POLICING RESPONSE Issues in Policing Response Marie Jefferson CJS/210 April 20, 2014 Ronald Meyer As a law enforcement officer, police face many different issues on a daily basis. Typically when discussing racial profiling it is usually in the context of bias or some type of disparity. When talking about bias, this is a kind of difference a person may have that is either covert, or overt. Overt takes place when an individual themselves begin to act upon these differences. While covert bias is harbored but still influences a person’s decision making process. When addressing disparities we are able to see and understand how differences occur. For instance, there are differences amongst groups and in the way that each individual group is handled from law enforcement’s perspective, this creates a disparity. When we think about racial profiling, we have to keep those aspects in mind. Although here have been theories or explanations as to what exactly is racial profiling, however the field of criminal justice does not have an exact definition of racial profiling. Another issue with law enforcement is ethics and police corruption. Police officers have the ability to use their discretion as to enforce the law or not. Ethics is a source of principles that exist apart from the law, ethics tells officers what should be done when the law is unclear or absent. When an officer makes a decision not in the interest of the public, but in...
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...5/2/2012 Police Innovations American policing over the last three decades has gone through many changes and innovations. Police and researchers try to create innovations in order to prevent or reduce crime. Following the white flight and the development of suburban towns, police started to switch from their standard practices to improve their procedures. This paper will explain and compare ten police innovations in order to show how police officers and researchers work to reduce crime. These innovations include problem-oriented policing, community policing, “broken windows” policing, Compstat, hot spots policing, “pulling levers” policing, evidence-based policing, third party policing, Intelligence-led policing, and predictive policing. In addition, it will contain a personal recommendation of which reform police agencies should implement. The paper will explain specific examples on how this reform will be helpful to police agencies. Police and scholars work to enhance reforms vigorously in order to decrease crime, assist with community needs, and prevent further delinquency. Certain police reforms provide more decision-making power to the individual beat officer, and problem-oriented police gives vast amounts of discretion to them. Problem oriented policing (POP) is a logical way of looking at the problem in policing. The POP reform works to understand and analyze crime and policing tactics to try to prevent the crime or at least manage to slow the frequency of the crime...
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