...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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...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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...Ethics in Policing Darlene Freeman CRIJ 5322 Introduction This paper explains issues that shape the role of ethics in policing. Police ethics involves hard choices as well as avoiding violations of basic moral standards. Police officers inevitably face ethical issues when it comes to what’s right or wrong. The authority that police officer are given to protect the public presents the temptation to abuse the power that’s given to them. This paper will explain the rule- of-law and how it represents societal standards that define police duties and responsibilities. Police officers are given a significant amount of discretion simply due to the nature of their 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 must use their power effectively. One major concern with a number of discretion officers have is their power to decide when to use force or when to use lethal force (Lee, Lim, Moore, & Kim, 2013) Additionally, public perception of policing will be discussed, police brutality and due process within the criminal justice system. Accountability is one of the most important components when it comes to public perception of police officers. When officers begin to use force to control the community, citizens began to review officers as authority figures instead of protecting and serving the community. This results in a breakdown...
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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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...228-234 Police Corruption in India ____________________________________________________________________ Ravikanth B. Lamani1 G. S. Venumadhava2 Abstract Police as a Law enforcing agency is an important institution of that social control which existed in some form or the other in all society in all ages. Police is an integral part of the present day society. A society in the present set up cannot live and progress without an effective, sincere and honest police force. The Indian police have its roots in the ancient period and the present day police are the outcome of an evolutionary process. The bad things which it has inherited from the old system include corruption among policemen today. Corruption exists in one form or the other in the police system. Corruption has infected every sphere of modern life. It has vitiated the moral values of the society and the police force cannot be an exception. In fact, corruption of police is not a new phenomenon, but the irony is that the issue has seldom been seized by the organization with a sense of seriousness. In this paper an attempt has been made to discuss the various aspects of police corruption in India. The author has tried to discuss the various factors responsible for police corruption and suggest some remedies to control the corruption among policemen. The main objective of the paper is to discuss the extent, causes and remedies of police corruption and explain the extent of distrust that create against police due to...
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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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...LAWS1021 – CRIME – Week 3 Class 1 1. introduction 2. Ubiquity of discretion 3. Regulating discretion 4. Prosecutorial discretion 5. The Chaser case 6. Two tiers of justice 7. Magistrates and Local Courts 8. Supreme and District Courts 9. High Court appeals 10. Crown appeals ------------------------------------------------- From Last Class * Jurisdiction * Notion of how it is risen and how it is imposed * In 1788, assumed, put upon Australia from the act of colinisation * Sovereignty * From british states, then Australia as a commonwealth * Citizenship * General entitlement to rights protection etc. * Sovereign domain * Different for indigenous people, given no acknowledge of land ownership and traditional rights and customs as well as traditional rules * Agency * Autonomy as a group/individual * The capacity whether individually or collectively to exercise authority to determine * Previously denied * Criminalisation of traditional * Welfare * protection ------------------------------------------------- OOXX case * grew up during a time during hard economic circumstances with weak communal support due to governmental policies. * Lost a sense of identity when doing institution until he's about 19. He was separated from his family by the Australian welfare system. forced removal * Post-war...
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...context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this ‘pre court’ intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature of the new scheme which requires voluntary agreement throughout its statutory process to ensure successful completion. We will also demonstrate that the systematic implementation of final warnings has reduced police discretion and increased levels of police accountability, and that this, in turn, appears to have increased the potential for net widening and disproportionate punitive...
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...Professor Chris Bickel SOC 461, 462 Senior Project Social Sciences Department College of Liberal Arts CALIFORNIA POLYTECHNIC STATE UNIVERSITY June, 2012 © 2012 Nichole Griffith Table of Contents Research Proposal ............................................................................................................................1 Annotated Bibliography ...................................................................................................................2 Outline..............................................................................................................................................6 Introduction ......................................................................................................................................7 Research ..........................................................................................................................................8 Conclusion ....................................................................................................................................29 Bibliography .................................................................................................................................31 Research Proposal The goal of my research is to expose the racism in the criminal justice system that is so hidden. I want to show how racism contributes to the huge number of incarcerated African Americans. The criminal justice system creates and perpetuates...
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...Research Paper Albert Amos Sr. Fiscal Administration in Law Enforcement LEA432 Prof. Zachary Steward May 4, 2014 One of the most expensive services that local governments provide is police service. As is the case in many local government agencies today, police departments are being asked to provide more services than ever before with less resources available to fund these new initiatives. As it becomes apparent that there is not enough money available to fund necessary programs, and the funding is not forthcoming, local governments have been forced to reexamine themselves to find new ways to provide the essential services that they are obligated to provide. In the age of budget cuts that we live in today, performance management is being used more and more to help organizations effectively meet their objectives in an economically responsible manner. 1.) The impact of a recession on a law enforcement agency’s ability to plan a budget Parlow, Matthew J., "The Great Recession and Its Implications for Community Policing" (2012). Faculty Publications. Paper 607. http://scholarship.law.marquette.edu/facpub/607 When the economy was flourishing, local governments were able to pay for services to any jurisdiction. The Great Recession has forced localities to think critically about whether they can sustain these practices given budget cuts. Sweeping reductions put law enforcement on pace for its first job decline in 25 years. The effects of the economic downturn on law...
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...Bibliography Armstrong, Michael F. “They Wished They Were Honest” The Knapp Commission and New York City Police Corruption Publication: June 2012 by: Columbia University Press In the course of his narrative, Armstrong illuminates police investigative strategy; governmental and departmental political maneuvering; ethical and philosophical issues in law enforcement; the efficacy of the police's anticorruption efforts; the effectiveness of the training of police officers; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. Hunt, Jennifer and Peter K. Manning. “Symbolic Interaction” 14.1 (1991): 51-70-Society for the Study of Symbolic Interaction Lies are relative to a moral context, and what an audience will accept. Police learn to lie and to carefully distinguish normal (or acceptable) lies from unacceptable lies, suggesting that lies are a part of a negotiated occupational order. This study reports and analyzes two kinds of troublesome lies: case lies, recognized stories an officer utilizes in a courtroom or on paper to facilitate the conviction of a suspect, and cover stories, lies an officer tells in court, to supervisors, and on the job with the aim of providing a verbal shield or mitigation in the event of discipline. Moskos. Peter. “Cop in the Hood: My Year Policing Baltimore's Eastern District” Publication: August 2009 by Princeton University Press When Harvard-trained sociologist Peter...
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...There are a number of different factors that impact police discretion. There are four general categories that include Organizational Factors, Neighborhood Factors, Situational Factors, and that also contain subcategories within them. For this paper I will be focusing on Individual Officer Characteristics and Individual officer characteristics which is influenced by an officer's age, education, experience, gender, ambition and attitudes towards their job. According to Landsman, “a survey of officers assigned to minority districts in New York City found that minority officers were more likely to have positive attitudes toward their assigned districts and citizens within those districts…[and they] found that minority officers had more positive...
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...The community that I choose to do my paper on was the 113th precinct that is currently run by Deputy Inspector Miltiadis Marmara. The 113th Precinct is located in the Southeastern area of Jamaica Queens. It is compiled of both residential and commercial areas. Included in the precinct are the neighborhoods identified as: St. Albans, Hollis, Springfield Gardens, South Ozone Park, South Jamaica, Addisleigh Park and Locust Manor. There are multiple dwelling complexes located in the precinct. Based on the research I conducted on the Crime statistics the problem that the community is facing is truancy, and gang violence. The older generations tends to say that young children are the future. However, how can they be the future of society if they are never in school or getting involved in gang activities? The 113th precinct surroundings consist of a lot of building and very little privilege individuals who rely on the government. To make the world a better place it is very vital that students take heed of their studies in school. Bullying, personal matters, and bad influences can be blamed for the reasons why students decide to truancy. Being the Commanding Officer of the 113th precinct I would make some vital decisions. Decisions such as getting the community involved to help me solve the problems. I would ask individuals living in the community to encourage students to attend school and don’t leave ahead of time. I would place more officer on duty around or nearby each school...
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...Criticle Issues Paper CJS210 March 25 2012 Edmund Campbell Criticle Issues Paper New advancements in technology, weapons, and threats face the law enforcement world of today. Every day brings something new to the world of policing. We have new technology that has practically given us the criminals on a platter and confused the officers training to use it. There are new weapons that have come out that give police different options depending on the situation. Along with these technological advancements you have the more dangerous criminals that are using today’s technology to attack society. You have more and more people that don’t care if they take a life or not putting law enforcement officers in danger. We will learn about some of these new advancements and the advantages along with the disadvantages of using them. We will also discuss the advantages and disadvantages the police have to face with new criminals every day. There is new technology coming out everyday that is being used in the law enforcement agencies. Community policing involves a variety of philosophical approaches and evolves everyday. Law Enforcement Technologies Inc. (LET) is an emerging technological company founded in 1999. They have focused on the rapid transition into product manufacturing a market entry. Due to events, such as Sept. 11, 2001, the law enforcement agency prompted a shift in original product technology. Some of the products available are Forensic Aid Kits,...
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...Evaluating the Moral Justification of Force in the UK Police Consequentialism and the Use of Deadly Force Among Police Personnel in the UK Against a backdrop of a democratic society, the use of deadly force by the police in countries such as the UK seems implausible for human rights activists. First, police officers are expected to uphold the human rights of every individual hence, civilian rights are always preserved even in criminal cases where the due process of law is considered to be the golden standard in the judicial system. Thus, threading the line between regulations and policies of the agency as well as the ethical and moral dilemma in the use of deadly force predisposes police officers to question the legitimacy as well as the moral justifications in their use of deadly force. While several philosophical theorists have argued for different justifications through philosophical theories, the theory of consequentialism appears to be the one that closely justifies the use of deadly force among the police. Before examining the moral and ethical arguments for the use of deadly force using the consequentialist paradigm, let us first examine the important aspects of deadly force and the use of it by the UK police. First, deadly force as defined by Geller and Scott (23) pertains to the force reasonably capable of causing death or bodily harm. According to this definition, an act that can kill should be consumated before it can be considered as a deadly force hence; threats...
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