...perspective discretion can be defined as the authority granted by law to agencies and officials to act on their own considered judgement and conscience in certain situations; and each area of the legal 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...
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...Law enforcement profession especially the police is a profession like no other when it comes to the use of discretion on daily basis. Discretion means is the authority of someone to make decision between two or more choices (Pollock, 2014 p. 2). In policing, discretion is a privilege given to police officers to use their individual judgement when performing their duties. The special privilege is given to every police officer because most of the time a police officer is working alone when situation arise where the use of discretion is required. The use of police officer’s discretion while doing his/her job depends on different reasons like factors involving the offender, the situation and the system. Although police officer has a privilege of using individualized judgement, it is not absolute because he/she still must follow the ethical standard of his/her police department but some police officer does bend the rules and use an unethical behavior when using discretion. In police, police discretion can mean two things: enforcing the law or letting an offender off the hook. There are various factors where a police officer uses his/her discretion. One of the reason will depend on an offender variable. An example is, John while patrolling the community one night, he saw a car swerving on the road and an obvious DUI. He...
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...We face various forms of discretion on a daily basis. This happens when we decide what to get for breakfast or who gets what present for the holidays. The earliest form of discretion from a person in authority is usually our parents. They use their discretion to form a plan of action to follow through with in order to stop unwanted behavior or reward us for good behavior. We constantly see such scenarios in supermarkets where mothers might spank unruly children or when they buy their children candy for behaving well. Yet who is there to stop our parents and adults from committing behavior that is deemed as criminal? The people that take care of this role are Law Enforcement Officers commonly referred to as police officers or police. Although...
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...3. Police discretion is the vaguely defined power that allows officers to decide if they wish to pursue charges or not. The practice helps prevent the criminal justice system from being overwhelmed by large amounts of small cases that do not necessarily need to be pursued. It could impair the system if the power is misused by the officers who are entrusted with the power to begin with. They could cover up crimes being committed under the guise that it did not necessarily need to be pursued. It could also create the false image that the criminal justice system is weak and does not need to be feared. This could undermine the power that the officers hold and hinder them from being able to properly do their job. For example if an officer makes...
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...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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...In the modern police world the ideas of discretion and decision making are crucial. Discretion in police terms refers to the actions taking by an officer or any member of the justice system based on their judgements about what the best action is. Police discretion is crucial as no two situations are the same. Police work is often a grey area balancing between a control and support type of work. In this grey zone is where police work must be done and discretion is vital. As most police activity occurs in private, away from the public's view, there is a lack of immediate help or reference from a supervisor or peers. Meaning that most officers need to be able to form their own actions quickly based on the current situation. Most times an officer will his discretion in either stopping or detaining someone....
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...Statehouse Reporter for Telegram and Gazette discusses the mandatory minimum sentencing laws for drug related crimes which were adopted in the 1980’s and 1990’s. Monahan highlights some of the major problems with minimum sentencing laws related to drug crimes. The article relates to the core of the issue by recent research and opinions of government officials who support this view. He finds this opinion strongly supported by people in the legal field and some government officials as well, however the article is also of interest to those effected by or with some interest to mandatory minimum sentencing. Many critics find the laws to be unfair for various reasons. The laws target minorities, take discretion away from judges and put it in the hands of police and prosecutors who misuse this discretion and apply punishments that do not fit the crime committed. Senator Cynthia S Creem, D-Newton has sponsored a bill that would allow inmates to be considered for parole after serving two thirds of their sentence. However this proposal was rejected outright by Lt Gov. Kerry Healey. Rep. Anne Paulsen also proposed to make the law even stricter by adding time to their sentence for those who commit drug offenses nearby a school. The article concludes with Chief Justice Mulligan maintaining the law is a problem because it disproportionately targets minorities. In conclusion Monahan has taken advantage of some useful data and opinions of government officials to scrutinize mandatory minimum sentencing...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Explain why police have lots of discretion with juveniles? give examples! Introduction In recent years there has been growing concern about the incidence and seriousness of juvenile offending. This concern has not been unwarranted. Statistics gathered for the Sourcebook of Criminal Justice indicated a significant increase in the number of juvenile arrests, from year to year, during the late 1980’s and throughout the early 1990’s. One snapshot, in 1996, revealed that the number of juvenile arrests that year represented a 35 percent increase over 1987 while arrests overall had increased only 13 percent over the same time period (Sourcebook, 1997). The percent increase in juvenile arrests for ‘violent offenses’ was even greater over the same time period (see Worden and Myers (1999) “Police Encounters with Juvenile Suspects” report submitted to the National Research Council’s Panel on Juvenile Crime: Prevention, Treatment, and Control). In addition, media portrayals of juvenile crime as increasing in frequency and seriousness, while not entirely accurate, affect public sentiment about juvenile troublemakers and about what might constitute appropriate responses from the juvenile justice system. Despite evidence of a decline in the number of juvenile arrests as well as evidence of an overall decline in juvenile crime since the mid 1990’s (Lynch 2002), public and political concern about juvenile offending remains high. Evidence of this sentiment is noted by the nationwide increase...
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...millions and be subjected to unfair and unnecessarily long punishments” (par.11). If these nonviolent offenders overcrowd these prisons that’s more money out of government budget, which comes from taxpayers. Surely taxpayers do not want to spend more money on people who are placed behind bars, for ten plus years, due to committing a crime that hasn’t ended anyone’s life or threatened their well-being without their consent or knowledge. If these criminals take up room in these prisons, where will the incoming murderers, rapists, and molesters go for their punishment? This will mean more prisons would have to be built to house the criminals who truly need to be locked away for ten plus years. Mandatory minimums give judges little to no discretion in sentencing. That is the very reason why states are calling for prison reforms. These one size fits all sentences are seen as unfair. People are given sentences for small crimes compared to larger crimes such as rape, murder, theft, and other crimes that involve aggressive force. According to Amber Finnegan, “The FJC concluded “there are better alternatives [than mandatory minimum sentences] that can more effectively express our values and accomplish our goals.” It has become clear over the past three decades that mandatory minimums are not only disrupting our ability to carry out our judicial system justly, but are also unnecessarily ruining the lives of people who have made minor mistakes in their past or were convicted of...
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...Noah Messersmith English Comp 101 4/14/14 Persuasive Essay First Draft Did you know that due to mandatory minimum sentencing, the U.S. federal prison populations have almost grown 800 percent in the last three decades? What is mandatory minimum sentencing you ask? Well it is the set sentencing that is given to someone that the judge cannot shorten because it is a set time and they can’t shorten it, even for extenuating circumstances (“What Are Mandatory Minimum Sentencing Laws”). The U.S. Supreme Court should review the mandatory minimum sentences, weigh the positives and the negatives, look at the possible advantages and disadvantages, and then do what they need to do to enforce what they decide. Although many people are for mandatory minimum sentences and think that they are fine and don’t need to be refined and changed, there are many reasons why they should be shortened. One reason is that it will make the prison system is overpopulated and it will make it a safer place for the inmates and for the prison guards. It will make it safer for the inmates because there won’t be as many inmates in there for long periods of time and they don’t have to worry about their safety as much because right now, there are so many inmates that the guards are losing some of their control over them. It will make it safer for the prison guards because they won’t have as many people to look over and they will feel like they have more power and authority because they won’t feel as overwhelmed...
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...Within the prison system there are various key issues that surrounded the operations of the daily activities as well as the administration of the judicial system. Some of these key such as prison violence, prison rape and the drug policy issues are negative and does affect the prison. On the issue of prison violence, over the years, prison violence has been on the rise. This has causes major changes within the prions system, such as implementing strategies to control the prisoners and their criminal behaviors. Prison rape also has continues to rise. This issue has been will probably continue to exist. This is because the prison officials have yet to be able to control this kind of activity. Another issue that has been affects the prison system is the sentencing that are being handed out for drug charges. This has cause the prisons to be overcrowded. Prison Violence on the Rise Prison violence is on the rise, many prison conditions are a recipe for violence, by being overcrowded, understaffed, insufficient staff training, excessive solitary confinement, insecure facilities, mistreatment of mentally ill inmates, policies that weaken family ties, a culture of disrespect between staff and prisoners, and little accountability for wardens. These facilities are causing concern not only for inmates but, for those employed to supervise the convicted offenders. Inmate population continue to grow, staffing levels in most facilities either have stopped or decreased. Violence has increased...
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...As noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release...
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...Mandatory Minimum Sentencing A Review of Literature With America's recently increasing problem with illegal substances; a war on drugs has erupted. American drug use has exponentially grown over the last 60 years, causing law enforcement agencies to crack down on drug use, trafficking, abuse and possession. President Nixon stated that the United States' War on Drugs was "public enemy number one" (Jarecki, Barnes, 2013). In response to this growing issue, the United State's criminal justice system began sentencing criminals to jail for a "mandatory minimum" period of time in drug related offenses. With hopes of making a dent in the drug war and of taking the guess work out of sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard...
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...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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