Discretion in law enforcement essay

discretion in law enforcement essay

the subordinate. This definition is useful as it allows discretion to be considered in a legal context rather than only when police officers operate illegally and decide to commit prohibited acts, which is not considered to be lawful discretion. Patel 1 Avsar Patel Professor Bocker Police and Society iscretion in Policing Today discretion is witnessed everywhere. However, even if the police were able to detect every crime, resources would not be sufficient to investigate each one and make an arrest. Procedural law establishes the methods used to enforce legal rights and obligations in civil lawsuits, criminal, and administrative proceedings. Therefore full enforcement of laws is impossible, making discretion a fundamental necessity of the criminal justice process.

These components of the judicial system do not have total discretion; they must act within the admittedly very broad boundaries of the principle of legality. Professions such as doctors, lawyers, engineers, etc. Although discretion is a key component to law enforcement, most discretionary decisions are based on misdemeanor or traffic enforcement. As there are pros and cons, with the pros being the mentioned benefits there also cons to un familiarized situations a officer faces. For example do you charge a mentally ill man with soliciting outside a storefront or arrest him and get him aide?

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For instance, if an officer pulls a vehicle over at night and there are three on board with two adults that look like the parents of the young girl in the rear of the vehicle the officer will most likely give a warning from his. The future of policing as a profession depends upon whether discretion can be put to good use. For instance, a person arrested for driving on a suspended license, may not have their vehicle subjected to a search. License involves a sense of accountability that does not have to be formally recognized or structural. The defendant will often plea to the highest charge and maximum sentence in exchange for full cooperation with providing law enforcement with criminal information.

Essay on Police Discretion - 1425 Words Bartleby

discretion in law enforcement essay