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Discretion in law enforcement essay

Discretion and Criminal Law: The Good, The Bad, and the Mundane

Discretion in Criminal Justice Systems | Law Teacher

the author examines the administrative law of democratic morality between the periods of 1800s and 1900s, with emphasis on the how democratic morality was used to bring about changes in the organizations. attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (slapper and kelly, 2009, p16), although there are common themes that are almost universally adopted. i will start by defining police discretion then briefly discuss the use of discretion in domestic disturbances, minor misdemeanors, and traffic enforcement. procedures the department put forth, state laws, court decision and also the culture. thus, community policing may come to mean “quality of life” policing, under which the police adopt a zero-tolerance approach to minor violations of law. each of these police tactics involves the exercise of a substantial amount of discretion – the police decide who they consider suspicious, which cars to tail, what conduct warrants further investigation, and which neighborhoods are ripe for enforcement activity. is little doubt that these tragedies were the consequence of a law enforcement culture that encourages suspicion of minorities. the framers protected civil rights through the federal constitution, stated constitutions and statutory law because they were concerned about the excessive and unchecked discretion which eventually led to arbitrary decision making. and finally, how might these issues impact the various concerns facing law enforcement today. council of la raza, the mainstreaming of hate: a report on latinos and harassment, hate violence, and law enforcement abuse in the 90’s (1999) (the mainstreaming of hate), p. such arguments rest implicitly or explicitly on two basic assumptions, each of which is flawed, pernicious, and divisive.- in this essay a discussion will be explored about the benefits and problems associated with police use of discretion.- this essay will explain the definition of bureaucratic control and some changes happened on it as management techniques alter.

Police Discretion

this essay will refer to these crime-ridden areas within poor communities as "hot spots" or "skid-row". professor nicola lacey talks about gendered assumptions present in the general principle, in other word saying that the laws are very extensive and results in undetailed analysis of the difference between men and women (susan brophy, 2014, lecture 8a).- eras of american policing and their origin american policing originated from early english law and is profoundly influenced by its history. law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Argumentative Persuasive Essays - Police Discretion and the Ethics of Accepting GratuitiesClick here for more persuasive essays. the vast majority of blacks and hispanics – like the vast majority of whites – are law-abiding citizens. “some law is always or almost always enforced, some is never or almost never enforced, and some is sometimes enforced and sometimes not” (davis, p., type of patrol he wants the perform: selective enforcement or general enforcement and.- in this essay a discussion will be explored about the benefits and problems associated with police use of discretion. hispanics constitute approximately 60% of all undocumented persons, but well over 90% of those subjected to ins enforcement actions are hispanic. similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (young, 2011). has on policing is it cause to under enforcement; that is officers are not told on.

Police Discretion And The Ethics Of Accepting Gratuities - Essay

in its post-mortem, the self-inflicted disaster has commonly brought to light the question: “did bankers, regulators and rating agencies fail to see the flaws, or did they fail to care? police brutality has been a long lasting problem in the united states since at least 1903 when police captain williams of the new york police department said the phrase, "there is more law at the end of a policeman's nightstick than in a decision of the supreme court.- the law of self-defense we concur with justice white's interpretation of tennessee state law.- the increasing complexities of present diverse societies have led parliaments to develop various types of laws and regulations on the basis of the establishment of these intricate notions of rule of law, separation of powers and responsible government in order to maintain social order and harmony between police, citizens and the government. police have the choice to enforce certain laws and how they will be enforced.. immigration laws by ins and local officials, whereby individuals of identifiably hispanic origin – including many who were american citizens, legal permanent residents, or otherwise lawfully in the united states – were targeted by the authorities and subjected to interrogation, detention, or arrest for suspected immigration violations. the first recorded death penalty laws date back as far as the eighteenth century b. however, there are times that it is necessary for an officer to rely less on enforcement of the law and instead concentrate on keeping peace in situations that exist outside of the norm. as harvard law school professor and african-american charles ogletree has observed, “if i’m dressed in a knit cap and hooded jacket, i’m probable cause. the button above to view the complete essay, speech, term paper, or research paper.- one of the core roles of police officers is that of law enforcement. a recent study by the national council of la raza identified a pattern of selective enforcement of u. 1 Avsar Patel Professor Bocker Police and Society 21 April 2014 Discretion in Policing Today discretion is witnessed everywhere.

Discretion in Criminal Justice Systems | Law Teacher

An Essay on Discretion

miller, blackler and alexandra (2006) state "police are specialized role players who preserve order and enforce the law" (p. police brutality has been a long lasting problem in the united states since at least 1903 when police captain williams of the new york police department said the phrase, "there is more law at the end of a policeman's nightstick than in a decision of the supreme court. furthermore, the influence money has in negotiating punishment via lawyers and bail, have made the courts a perfect playing field for the political and social elite to rule. even though more officers were on the job, even the fasted response had little influence of crime since the crime reports made came a significant time after the actually occurrence ,therefore flawing even the fastest police respons. abstract of the united states, tables 12 and 358 (comparing 1997 statistics) (1999); see also “developments in the law – race and the criminal process,” 101 harv. to be sure, there have been highly publicized instances of such bigotry, such as the annual “good ol’ boys roundup” for law enforcement personnel in eastern tennessee which, when investigated in 1995, was found to feature a redneck of the year contest, performances in blackface, the wearing of masks in the likeness of martin luther king, jr. avenues he can take with just a simple robbery during traffic enforcement. measures should be taken to reduce the injury to suspects, particularly physical injury resulting from poor officer tactics or malicious intentions not related to upholding the law. these types of areas are an anomaly to the rest of standard communities where simply enforcing the law will not be successful. law in a legalistic approach or did his duties according to the book with no discretion. baseless assumption that most criminals are members of minority races is accompanied by the second, equally flawed assumption that most minorities are criminals.. with special laws that give citizens the freedom that the british had denied to them. however, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms.

Essay about Police Discretion and the Ethics of Accepting Gratuities

disparate treatment of minorities in the american criminal justice system begins at the very first stage of that system: the investigation of suspected criminal activity by law enforcement agents. similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. & criminology 544 (1997); david harris, “the stories, the statistics, and the law: why ‘driving while black’ matters,” 84 minnesota l.- over the years, the practice of law has been left to the regime of a group of people commonly referred to as lawyers. further it is left to the jurisdiction’s discretion to determine how they are to grant one the status of being a lawyer either through education, certification amongst other means that different jurisdictions apply to afford such a status. such misconduct is unacceptable in any form, but it is doubly offensive when it flows from attitudes about race that are contrary to our commitment to equal justice and the rule of law.- regulative legitimacy regulative legitimacy is based on an organization following institutionalized laws and regulations that have been set in place. these implementation have distinctive application within contemporary society and the way in which they are applied to policing, as they all aim to achieve civilized and agreeable laws to prevent anarchy and chaos. disarms his weapon in front of the public prevents the department from lawsuits and. i will start by defining police discretion then briefly discuss the use of discretion in domestic disturbances, minor misdemeanors, and traffic enforcement.” according to professor angela davis, “[t]he practical effect of this deference [to law enforcement discretion] is the assimilation of police officers’ subjective beliefs, biases, hunches, and prejudices into law,” and the evidence suggests that such discretion is exercised to the detriment of america’s minorities. Argumentative Persuasive Essays - Police Discretion and the Ethics of Accepting GratuitiesSlideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. erisa contains clauses for both the procedure and substance of the law and is often preemptive over state law.

Police discretion paper

from a family event or is a law abiding citizens. the administrative law is concern with the legal aspect of the organization and the fairness across the board.- the rule of law is a difficult concept to grasp and proves elusive to substantive definition. and finally, how might these issues impact the various concerns facing law enforcement today. leads to law suits, improper use of force, and poor career ending decisions.” and it was the drug enforcement agency that encouraged new mexico state police to use a “cocaine courier profile” one element of which was that “[t]he vehicle occupants are usually resident aliens from colombia.- in this essay a discussion will be explored about the benefits and problems associated with police use of discretion. unequal treatment of minorities by law enforcement officials extends beyond racially based traffic stops and profiling. enter the title keyword:Free discretion papers, essays, and research papers. similarly with discretion is that the law may not cover every situation a police officer encounters, so they must use their discretion wisely. law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. the button above to view the complete essay, speech, term paper, or research paper. though the term may vary from place to place or jurisdiction, the same has a general meaning to refer to those who have studied law.

Police Discretion

Free discretion Essays and Papers

the role of judges, in relation to laws enacted by parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. such unfair treatment of minorities breeds distrust and disrespect for law enforcement in those communities. police have the choice to enforce certain laws and how they will be enforced. while “stop and frisk” is constitutional, it has not traditionally been used as a free-standing law enforcement strategy because in such a regime the discretion to choose who to stop is virtually unconstrained. the button above to view the complete essay, speech, term paper, or research paper.- introduction: parliament, the supreme law-making body, has an unrestricted legislative power, and the laws it passes cannot be set aside by the courts. and in eagle county, colorado, the sheriff’s department’s regular use of pretextual stops against minorities did not yield a single arrest for violation of the drug laws, although it did result in a court settlement of 0,000 in favor of the 400 black and hispanic drivers who had been subjected to this offensive police tactic. despite the fact that, as noted earlier, blacks are just 12 percent of the population and 13 percent of the drug users, and despite the fact that traffic stops and similar enforcement strategies yield equal arrest rates for minorities and whites alike, blacks are 38 percent of those arrested for drug offenses and 59 percent of those convicted of drug offenses. From what a person wants…Your search returned over 400 essays for "discretion". professor david cole has pointed out that such an enforcement strategy “relies heavily on inherently discretionary police judgments about which communities to target, which individuals to stop, and whether to use heavy-handed or light-handed treatment for routine infractions. thus, through racial profiling, law enforcement officials not only “racialize” crime by assuming most crimes are committed by minorities, they also “criminalize” race., many instances of police brutality against minorities begin with a misperception on the part of law enforcement officials – based purely on race -- that a particular individual of color is a criminal suspect. these laws along with the current forest plans under the land & resource management plans under the 1982 regulations have made it possible for agencies to be subject to public opinion of whether the forest plans ar.

Police Discretion Essay - 1489 Words | Bartleby

police have the choice to enforce certain laws and how they will be enforced.- there are three significant issues concerning law enforcement, namely enacting the law, police discretion, and assessment of criminal behavior. by supervisor, polices and the certain laws all keep officers in the right track. police brutality has been a long lasting problem in the united states since at least 1903 when police captain williams of the new york police department said the phrase, "there is more law at the end of a policeman's nightstick than in a decision of the supreme court. erisa affects many aspects of the american legal system, from inter-state commerce to bankruptcy, and particularly insurance and healthcare law. continue to defend racial and ethnic profiling by law enforcement as a rational response to patterns of criminal conduct.- police officers have the ability to exercise discretionary control within the realms of their day to day enforcement decisions. sunstein) for functions of substantive due process of law, the primary question is whether or not the proper to clone counts as a basic right, one with that the government will interfere solely to safeguard a “compelling” interest. law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. and finally, how might these issues impact the various concerns facing law enforcement today.- literature review administrative law is the law regarding the exercise of powers by public authorities. enforcement of the controlled substances laws, in general, seems premised on the bizarre perception that drug trafficking is exclusively a minority-owned business. early law enforcement in england took on two forms of policing, one of which heavily influenced modern policing and it is known as the watch (potter, 2013).

Chapter One: Race and the Police

many courts have rejected borrowers’ lawsuits which are based on allegations of the violation of the lender’s duty of good faith.- the criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. in the provision of their services, over the years, the lawyers have come to appreciate the fact that some of their potential clients lack the capacity to pay for those services. in so doing, they place the primary burden of law enforcement on the backs of innocent minorities who are the victims of racial and ethnic stereotyping. since then, laws such as the national environmental policy act (nepa), the wilderness bill and endangered species act have limited the amount of authority and discretion a land management agency has over a particular area. immigration law context furnishes further evidence of widespread racial profiling. the button above to view the complete essay, speech, term paper, or research paper. profiling is seemingly inconsistent with today’s dominant law enforcement philosophy: community policing.- john rohr views on democratic morality and the administrative law and how these laws affect the organizations. to sum it up feminist legal theory purses to deliver how the law played a role in women’s previous lower ranked status and focuses on changing women’s previous status by a revising of the law and taking alternate approaches towards sex and gender. as part of their abuse of the immigration laws, the officers allegedly compiled a list of more than 10,000 hispanics whom they believed to be deportable, effectively placing an entire community under suspicion on the basis of its racial composition. law enforcement professionals have a great deal of discretion regarding when to enforce the law, how to enforce it, how to handle disputes, when to use force, and so on. “some law is always or almost always enforced, some is never or almost never enforced, and some is sometimes enforced and sometimes not” (davis, p.


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