The Role of Discretion in Police Work, Its Strengths and Its Weaknesses



Table of Contents

Introduction3

Police discretion3

Areas of Discretion4

Domestic Violence4

Drunk Driving5

Use of Force5

Vice Crime5

Strengths of Discretion6

Arrests and Ticketing6

Weaknesses of Discretion7

Domestic Violence7

Over Simplification8

Conclusion8

The Role of Discretion in Police Work, Its Strengths and Its Weaknesses

Introduction

The police discretion simply means having a choice in some areas of law implementation. The discretion is given in circumstances which vary considerably and are not very serious crime in law. The judgment of police is often added by additional guidance and experience. The police discretion is often seen as a tool for discriminating and is considered to be in disfavor of minorities. However, the actual purpose of this discretion is to make law implementation more effective and quick. This paper discusses the strengths and weaknesses in the police discretion and what situations allow police discretion and how it is abused. This paper does not seek to prepare an exhaustive list of all the effects and areas of police discretion; however, it brings the most widely known areas to limelight and presents the police discretion use in multiple situations.

Police discretion

Police is one of the law enforcement agencies in any country. In the year 1965, Frank Remington stated, “The police should play a major role in the fashioning and implementing a proper law enforcement policy for their community” (Kelling, George, and Coles, 1996). The law prescribes the appropriate action in specific circumstances. However, law does not provide an exhaustive list of situations. Each situation is unique in its own way. A first degree murderer (intentional murder), cannot be treated same as the murderer in self-defense situation. There are certain areas in law where there is empty space and does not specifically describe the situation. In other words, the discretion is given to law enforcement like police to tackle the situation while remaining within the specified boundaries. Discretion in other words simply means the choice that police has in certain occurrences to choose among multiple options after evaluating the usefulness of each (Davis, 1969).

In the past police discretion was a taboo until the year 1956 when a study by American Bar Foundation discovered this is actual practice. Prior to this, no police officer would admit to be involved in the police discretion. The attitude of police administrators was any deviation from the prescribed procedure was considered to be a possible source of corruption and extra-legal act. The police discretion was later accepted as an unavoidable evil which can be put to good use if structured in the right manner. The problem is not the use of discretion rather its abuse, which is feared when giving the free areas to police. Community police is also more discretionary form of police to better serve the community. The use of description is dependent on its control and usage in right manner and at the right timing.

Areas of Discretion

Domestic Violence

The domestic violence still prevails in society despite many focused efforts. As compared to past, police is now taking more and more help ...