Police Science - Assignment Example

Police Science Questions Question What important role does the exercise of POLICE DISCRETION play in criminal justice - particularly in terms of how discretion impacts the police-community relations Discretion means many things and encompasses a tremendous variety of different situations. From a theoretical point of view, it has been referred to as the making of decisions where the law is not clear, where the police officer has alternative courses of action, and where a cost-benefit analysis cautions against the rigid application of the law. Some scholars have defined police discretion as judgments made within the realm of a "regulated autonomy" (De Lint, 1998: pg. 2) and others have characterized discretion as a police officer's role as a public servant whom is sworn to balance the intent of the law against the interests of the community in which he serves ("Broken Windows" and Police Discretion, pg. 42). Police discretion has been further addressed and defined at the highest levels of the American criminal justice system. The United States Supreme Court, the ultimate arbiter of the reasonableness of police procedure, has sanctioned the use of police discretion in 4th Amendment search and seizure cases. Indeed, "There are many other intrusive activities that the Court leaves solely to the discretion of the police on the grounds that the individual has no "reasonable expectation of privacy" in the place or premises targeted by the police" (Maclin, 1996: np). In short, even from a constitutional point of view, there are situations when the use of police discretion is not only allowed, but necessary. Police discretion, therefore, can best be characterized as the use of judgment in fluid situations and settings. Question 2: What is COMMUNITY POLICING - and what is the significance of community policing in determining the nature and effectiveness of the police-community relationship O'Connor presents a four-part framework for defining police discretion for a particular community: (1) discretion as judgment, (2) discretion as choice, (3) discretion as discernment, and (4) discretion as license (2005, np.). A police officer's judgment, for example, ought to be based on his experience, his particular area of expertise, and his insight into different situations as defined by that community. Discretion is therefore highly individualistic. Discretion one community might be exercised differently than in a different community. Choice means trying to find alternative solutions to problems. This aspect of discretion involves a weighing of the costs and the benefits of alternative courses of action. Discernment refers to an examination of the underlying merits of a situation. The police officer must use discretion, for instance to determine whether someone is being scapegoated or unfairly accused. Perhaps there is some excuse that, while not legally recognized as a defense, nevertheless is a very reasonable reason for employing discretion. Finally, the notion of discretion as license reflects the fact that there are times when it might be wiser to disobey standard operating procedures and rules. This is an area where the possibility for the abuse of discretion is the highest. In short, discretion is a multifaceted concept and it tends to be applied on an individualistic basis. Question 3: What is it about YOUNG PEOPLE AND THE POLICE Why is there so much conflict and animosity It has been established that police discretion exists, that police discretion is defined in various ways, and that there are many inaccuracies or myths surrounding the application of police discretion. The sources of police discretion regarding young people, however, are more definitely categorized and defined. O'Connor, citing the extensive research summaries presented by Gaines et al, breaks the causes of police discretion down into three main categories. The first category focuses on the age and the history of the offender and deals mostly with age-related factors. Does the offender, for example resist or respond politely. Is the offender well-dressed and articulate or inarticulate and an African American The research demonstrates that these variables clearly affect how a police officer makes and arrives at decisions. In addition, there are situational variables which affect police officers when dealing with youth. Police, with some justification, often react when weapons are involved in a crime and when a crime is of a particularly serious nature. Of significance, police also admit to becoming more formal when there are many witnesses or the media is present. Situational factors clearly affect the use of police discretion. Finally, there are systemic variables which influence the degree to which discretion is employed. Non-arrest options for youth, to cite one example, are relied upon more frequently when there are alternatives like drug treatment centers and work-training programs in a community. The congestion of court dockets and overcrowded prison populations also affect, both directly and indirectly, how police officers make decisions in the field. In the final analysis, the sources of police discretion are the consequences of a wide and diverse array of offender variables, situational variables, and systemic variables. Question 4: Why is the POLICE RESPONSE TO SITUATIONS INVOLVING PERSONS WHO ARE MENTALLY DISTRESSED regarded as one of the more difficult and challenging responsibilities of the police service Other situations involve mental illness, particularly as they manifest themselves in terms of problems such as nuisance and vice-type crimes such as public intoxication and prostitution, juvenile delinquency, and very minor drug possession cases. All of these cases present similar issues. There may be alternatives for people suffering mental illness or using minor drugs for the first time. There may be vocational or job-training programs for women trapped in prostitution. People with mental illnesses sometimes make mistakes unintentionally, and may simply need a kick in the right direction or some type of institutionalized positive reinforcement rather than being exposed to the criminal justice system. There are always opportunities for the abuse of power. That said, abuses of power can be addressed without a wholesale assault on the use of police discretion. It would be a tragedy if police officers were not able to use their experience and their observations to find the most suitable solutions for problems and conflicts dealing with the mentally challenged or disabled.. Question 5: What are some significant ways in which the community can work with police to make neighborhoods safer and to IMPROVE THE OVERALL POLICE-COMMUNITY RELATIONSHIP Excessive force is a complicated issue, and one of the most serious in terms of the overall police-community relationship; this is because it is at the same time unacceptable and understandable. How does one reconcile a police officer knowing that he may die and the fact that excessive force may be used on an undeserving person. There needs to be mutual understanding, cooperation, and some set of objective parameters for determining when discretion will be exercised and when it will not be exercised. There is, perhaps, no greater conflict in the area of law enforcement and there are no easy answers. There is nothing but a balancing of interests, between the police and the community, and an evaluation of cases on a situational basis. Discretion is individualized and so is the use of force. Different police officers react differently to different types of offenders and to different types of offenders. The potential for abuse, however, is real. Most policies dealing with discretion error on the side of restraint; thus, the systemic tendency is to publicly discourage the use of unnecessary force. Police and communities should work together in order to establish informal guidelines. References "Broken Windows" and Police Discretion (1997) U.S. Department of Justice. National Institute of Justice Research Report. Retrieved August 28, 2006. Available: http://www.ncjrs.org De Lint, W. (July 1998). Regulating autonomy: police discretion as a problem for training. Canadian Journal of Criminology, v40 n3 pgs. 277-304. Retrieved August 28, 2006. Available: http://sjg.uwindsor.ca/delint/regulating_autonomy.pdf Maclin, T. (1996). Applying the Norm of Controlling Police Discretion. 3 University of Pennsylvania Journal of Constitutional Law 398. Retrieved August 28, 2006. Available: http://www.law.upenn.edu/conlaw/issues/vol3/num1/maclin/node4.html O'Connor, T. (2005). Police in Society: Police Discretion. Retrieved August 28, 2006. Available: http://faculty.ncwc.edu/toconnor/205/205lect09.htm Read More