08 Aug Cmrj302
Police discretion is the freedom or power of law enforcement officers exercise various alternative actions towards a person. Not all circumstances allow an officer to have discretion. Factors that affect police discretion are seriousness and nature of the crime, injury to the victim(s), prior contacts with the law, any weapons involved, sex, age. “There is no constitutional right to be treated with courtesy, respect or dignity by government officials, just as people are not entitled to receive particular outcomes. Constitutional models focus on the appropriate level of evidence that justifies each stage of contact with the police, i.e. stops, frisks, arrests, and the use of various levels of force all the way up to deadly force. The police frame their actions in terms of the Constitution and ask if they are entitled to legally engage in particular actions. They frequently do so instead of asking if their actions promote desirable goals, such as trust in the community. Actions can be legal but still undesirable when viewed against the goal of building community trust (Tyler, 2016).
Police officers have the authority to use force in situations where it is necessary for self-defense, to lawfully arrest a suspect, or to prevent criminal activity. Excessive force is defined as exceeding the minimum amount needed to achieve a given objective. National data on the incidence of excessive police force are lacking, and the problem likely varies by police department. Several institutional mechanisms have been proposed to control excessive police force. External controls include criminal prosecution, civil litigation, civilian review boards, and municipal control. Internal police department controls may be more appropriate than external controls but require a firm commitment by police management that misconduct, and brutality will not be tolerated. In addition, police recruits must be properly trained in how to deal with incidents in a manner that defuses the potential for violence. Proper supervision and discipline are also essential if excessive police force is to be prevented (Local, State, 2017).
Rufino
References
Local, State and National Law Enforcement: Hiring and Training. (2017, May 29). Retrieved from https://patimes.org/local-state-national-law-enforcement-hiring-training/
Tyler, Tom (2016) “Police Discretion in the 21st Century Surveillance State,” University of Chicago Legal Forum: Vol. 2016, Article 14. Available at: http://chicagounbound.uchicago.edu/uclf/vol2016/iss1/14
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