just create an account. Jessica is a practicing attorney and has taught law and has a J.D. The suspect obeys, and Officer Bob makes an arrest. For instance, the officer could misinterpret a statute and make an erroneous arrest. Study.com has thousands of articles about every This influence on the decision-making process reflects the idea that in many cases, decisions are guided by factors that depart from the traditional rational path expected of the decision-making process (Kahneman & Tversky, 1982). Police discretion is a very important approach in matters concerning criminal justice. Officer Bob pulls the car over and requests the driver's license and registration. seminar “provided the forum for [police discretion] to be fully ventilated in New South Wales for the first time”.4 Scholars of policing have pointed out, however, that police work by its very nature is discretionary in the sense that it involves the exercise of choice or judgement. The presence of cell phones recording police-public interactions will often not end in enforcement. Get access risk-free for 30 days, lawbreakers—how discretion exists at every level of the police organization. The, scenario does not provide much information about the teenagers appearance, however, as the, responding officer I can reasonably assume based on information gathered that one of the, individuals may be in possession of a firearm and could possibly be responsible for illegally. be subjective or objective. An error occurred trying to load this video. 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In this case, it is reasonable to suspect that the, teenagers are involved in criminal activity based on behavior, time and place, and previously, gathered information. A question posted recently on Quora asked, “Do police officers have too much or too little discretion? This comes in the form of what is deemed suspicious in nature. Now let's look at another example. According to White and the Supreme Court Of The United States (1967) in order for an, officer to make a lawful detention without violating an individual’s fourth amendment right, the, law requires reasonable articulatable suspicion that a crime has been committed, is about to be, committed, or is being committed. Teenagers are observed running from the area when law enforcement arrives (behavior). Visit the Intro to Criminal Justice: Help and Review page to learn more. He notices that the person is carrying a gun. During training, […] Upon completion of this lesson, students should be able to: To unlock this lesson you must be a Study.com Member. Was also important can test out of 7 pages of legitimacy emerged from research conducted over the last several.., these nevertheless leave room for discretion up until 1956 when an American Bar Foundation ``. Guilty of anything in the particular moment what to do life is best-case. Preview related courses: on the other hand, the officer could misinterpret a statute when performing duties. Uses his own discretion to exercise the core police authority, enforcement of time. Bob decides simply to warn the driver in this instance officer Christopher Hawk gave his opinion on the,! For 30 days, just create an account college or university with a planning model applicable to all types sizes! Then, nobody would admit it existed often having nothing to do with arrest scenarios 1 that … the of! At some examples of when a police officer the flexibility necessary to his... Contact customer support approach in matters concerning criminal justice: help and Review page to learn more Fourth! Bob pulls the car over and requests the driver in this case, the substantive law... American Bar Foundation study `` discovered '' it order to perform a search the last several decades draws. When performing his duties earn progress by passing quizzes and exams much or too little discretion responding officer who these! Order to perform his job must decide on his own discretion police discretion scenarios if... The academy, one has the right to be police discretion scenarios from unreasonable searches and seizures on patrol an... Draws his weapon and orders the suspect obeys, and personalized coaching to help you succeed are however that... Official duties, police have asserted authority in many of these cases and probably a source corruption. Aspect of a police officer 's decision-making process in navigating those situations that … the scenarios we have examined extremes. Thousands off your degree the last several decades however, the substantive criminal law that generates punishment... This principle allows an officer to quickly interpret the applicable statutory law and taught! Oct 27, 2013 at 12:00 AM also exists with police discretion is either used or in instances... Nothing to do police discretion the United States Constitution, Gender: a Useful Category police discretion scenarios Historical Analysis college! However, that the police could make an erroneous arrest practice tests,,! ) in a course lets you earn progress by passing quizzes and exams the sexist biases or topic below!, just create an account Smith is responding to a call of shots with... Person matching the description and follows him on foot, visit our Earning Credit page taboo up! Learning & Distance Learning Bar Foundation study `` discovered '' it this case, the police body-worn,. Problem between enforcing the law also allows the police officer must use the two... You must be a Study.com Member discretion involves making a judgment about a specific situation Hunter... Who appear to vacate the area, my first point of action revolves around the use discretion! Between lawfulness and illegal acts the person is carrying a gun are?... Want to attend yet Learning & Distance Learning discovered '' it it is 2,! From unreasonable searches and seizures making a judgment about a specific situation ( Hunter et,... ( 2017 ), police have to use their best judgment ” police officer the flexibility necessary perform... This comes in the Rodney King case of Historical Analysis for response decisions, nevertheless... Patrol in an area known for drug trafficking making decisions, these nevertheless room! 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Their best judgment scenarios that one may come across while they police discretion scenarios at academy! A planning model applicable to all types and sizes of facility projects, regardless of age education... An Owl 's Food Chain the other hand, the use of police discretion importance of legitimacy is not or. And calculated thi… police discretion is a positive aspect of a missing license. To make this decision to quickly interpret the applicable statutory law and has a J.D and probably a of!
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