Pros And Cons Of Police Discretion Essay Example

Essay Sample on Pros And Cons Of Police Discretion

Thesis Statement of Pros And Cons Of Police Discretion Essay

Police Discretion gives a police officer the power to decide how to handle a situation without being told what to do by a higher authority. Citizens should be aware of their rights in such cases and understand when an officer is given discretion.

Introduction of Pros And Cons Of Police Discretion Essay

Police discretion is the power of a police officer to make decisions about how and when to enforce laws without interference from a higher authority. For example, an officer can decide not to ticket someone who goes through a red light if they are running late for an important meeting. Police officers are given discretion daily on what they do at work. The idea behind this is that each case has many variables and it would be impossible to create specific guidelines for every situation that could come up during their shift  There are both positives and negatives that come with police discretion.

Main Body of Pros And Cons Of Police Discretion Essay

The cases are rising very tremendously where police are using the right of discretion for personal benefits. But at the same time, we cannot see each police officer with the same angel as many of them are loyal and using their rights in a purposeful manner. Police discretion literally means the freedom that is given to the police at the site of crime where they can take decisions regarding what to do further with the criminal and how the proceedings will continue against him. Many times police use this freedom in the right way and provide justice to those who do not want to move around the courts. But at the same time, there are instances when innocent people have to suffer a lot because of this discretion right given to the Police of a country by the constitution and its government.

For example, the maximum use of this freedom is used when a person who belongs to the higher status commit a crime to that of a lower level people having no strong financial background. The persons who have committed crimes give big chunks of money to police and in return, they become liberal to the fear of any inquiry and such proceedings further. The victim under such a scenario becomes silent and does not get the justice which he or she better deserve as the right from the constitution given to them.

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Pros/Advantages of police discretion

• Police have expertise that may not be found in the written law. Knowledge and experience police officers have can’t always be found in the law. Since they interact with people and arrest people every day, there is a lot of knowledge they have that isn’t in the books.
• Flexibility allows for officers to adapt to changing conditions and respond quickly to new developments. Without discretion, it would be difficult to determine what steps should be taken in future situations that arise when specific rules don’t apply.
• Prevents police misconduct by allowing the officer to control what he or she records about a situation
• Helps protect citizens from being over-policed or under policed based on race or ethnicity
• It is much easier for police to over-police certain ethnicities than others which can lead to racism and unequal enforcement of laws in general. Allowing officers discretion makes them more aware of the multiple factors that determine what action should be taken in a situation and keeps them from being biased when it comes to who they arrest and who they let go.

Also see: Short Sociological Sample Essay on Police Brutality [ Solutions, Statistics ]

Cons/Disadvantages of police discretion

• Gives officers too much power which can lead to corruption and abuse of power
• Can go against public safety if it interferes with other officers’ ability to do their job or puts officers in unnecessary danger.
• An officer might use his/her own ideas about what is moral as opposed to following written law.
• Can result in unequal enforcement of laws, creating unfair outcomes
• Cannot be easily regulated or documented.
• Police can arrest someone on more serious charges if they catch them committing a smaller crime during the process of another arrest.
• Inconsistent decisions might develop public disrespect for law enforcement and the court system

Police snatching the rights of common people on regular basis and no measure are being taken to control such cases which are rising like anything with the passage of every other day. The things that can be done to suppress such crimes are not working because from top to bottom every minister, politician, and the officer is enmeshed in the quagmire of corruption to a very high level and thus nobody is left behind to take care of such issues easily.

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Where the use of this Police discretion is being utilized by the police to satisfy their personal needs of earning by releasing the criminals, some good things are also from this freedom that is being received from the honest police officers. For instance at the site of crime sometimes those people are arrested by the police who are not guilty but are trapped by the others. When such people are arrested by police officials and turns out to be innocents then their prestige and reputation cannot be reversed in society. To avoid such conditions police are given the sort of freedom mentioned here. in this world which is full of corruption, there are people who do not bother about the status of the victim and only give fair decisions by using their rights in the best way.

That is who the positive aspect of police discretion can be seen by the people around the world by the cops of their own country. The negative utilize of liberty is more common as compared to its utilization in a positive way. As we can see how innocent people are dying in the custody of police and the way upper-class criminals are treated in the prison. The difference between the two is very high where every facility is provided to the upper-class people in the prison and shown to the society that they are kept like any other criminal.

How to influence police discretion?

• Have an idea of what your rights are if you find yourself subject to the discretion
• Make sure that you cooperate with officers but do not give them anything they could use against you later on if it is not necessary
• If the situation allows, record detailed notes about what transpired so there’s proof of events if needed
• Remain respectful at all times
• Know that this officer will not be the only one who comes into contact with you so if anything happens, there are other officers who can back you up
• If there are any witnesses to the event, try to get their information for proof if possible

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Conclusion

Police discretion has become an increasingly important topic in today’s society where police officers have been under scrutiny for their use of excessive force against minority groups. Police Discretion gives a police officer the power to decide how to handle a situation without being told what to do by a higher authority. The pros and cons of police discretion both follow logical reasoning but it is ultimately up to each individual whether they think this power should remain or go away. Citizens should be aware of their rights in such cases and understand when an officer is given the discretion to ensure that everyone has equal protection under the law.