Essay on Police Discretion
1425 Words6 Pages
Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion than employees on the top.
Philosophers such as Ronald Dworkin and H.L.A. Hart have referred to discretion as “the hole in the doughnut” (doughnut theory of discretion) and “where the law runs out” (natural law theory). In perspective,…show more content…
Discretion-as-license—discretion is the opposite of standard expectations. It’s the privilege to go against the rules, disobey your superiors, be less than optimal or perfect all the time, all without degenerating the rules or eroding the trust between you, your superiors, or the public. License involves a sense of accountability that does not have to be formally recognized or structural.
Discretion is not doing as you please. Discretion is bounded by norms. The future of policing as a profession depends upon whether discretion can be put to good use. Two problems impending police professionalization, however, in that there are few uncontroversial areas in police work, than in other professions. Sometimes the public wants no enforcement, and other times they want strict enforcement. Citizens will scream false arrest in the first case, and some groups may file a write of mandamus in the second case.
Decision elements are grouped into three categories and summarized below:
Offender variables—police take adult complaints more seriously than those made by juveniles. Arrest and force is more likely to be used against African Americans. Citizens who show deference (good demeanor) toward police are treated more leniently. People in middle upper income
Я собирался передать всю эту информацию в прессу. Сердце у Сьюзан бешено забилось. Правильно ли она поняла. Все сказанное было вполне в духе Грега Хейла.