Tuesday, October 22, 2019
Police and Discretion Essay Example
Police and Discretion Essay Example Police and Discretion Essay Police and Discretion Essay Police Discretion Police discretion is freedom or the power of state officers to exercise various alternative actions towards a person. A police officer may choose to give a warning, issue a ticket of violation or arrest an offender. Not all circumstances allow police to have discretion. According to a research by Carrington and Schulenber (2004), various factors affect police discretion. These factors include the seriousness and the nature of the crime, prior contacts with the police, injury to the victim, presence of a weapon, the relationship between the victim and the apprehended youth, group crime, age, and sex (Carrington Schulenber, 2004). They found out that the police charged 86 percent of the youths found in robbery case, murder among other serious crimes. External andà internalà mechanisms that affect police discretion One of the mechanisms thatà influenceà police discretion is the lack of consensuses on what criminal behaviors the police should exerciseà discretion. First, there are no clear legal definitions of the offenses whereà discretionà will apply. Theà communityà may not be able toà interpretà the laws in the same way as the legislatures. Secondly, there are no laws within the police force toà controlà use of police discretion. Police exerciseà discretionà differently. Apart from these factors, legal measures also affected police discretion. Thirdly, the close interaction between communities and the police influenceà discretion. This allows for corruption within the police force. Solutions to improving police discretion It is not possible to eliminate police discretion. The best way to improve police discretion is the use of controlling mechanisms. Suchà includeà implementation of laws, policies and procedures on the use of discretion. Theà establishmentà and implementing of the Youth Offenders Act has influenced police discretion (Bergen, 2005). The Act has profoundly regulated police discretion. Secondly, there is a need toà establishà legislature on ââ¬Å"zero tolerance offensesâ⬠Strict measures regarding the use of firearms by the police should be enacted. According to Bergen, furtherà promotionà anà educationà of the police willà improveà police discretion. Curbing corruption among the police officers isà necessaryà in regulating policeà freedom.
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