Use of Police Discretion

Use of Police Discretion How much discretion should the natural law catch? Should any allowances be made for extenuating circumstances, or should a police officer follow the ?letter of the law?? These are questions which are typically raised when discussing police discretion. Few issues in criminal justice raise more attention and cry than an officer?s exponent to be flexible with a given situation. The authority to decide how to handle a proper(postnominal) situation has traditionally been left up to the police departments and their officers. The ability of an officer to act in a professional fashion is expected as well as deserved in most cases, but the use of ?common sense? when it comes clipping to exercise their powers is a trust issue which some protest with. The general public will cry ?false take for? when the situation suits them and on the next hand file a writ of mandamus when it does not.

In 1956 when the American Bar foundation ?discovered? the topic of police discretion it was considered taboo. Prior to 1956 nought would admit that discretion existed, for the attitude at the time (and pull down today to some extent) was that if any deviation from accepted mapping occurred, than it was a matter of corruption.



After it was finally ?discovered? many police administrators called for a ?crack down? on police discretion and sought a clampdown through administrative measures. These brisk policies mandated closer control over individual officers, but presently lead the realization that police discretion is a needed evil. This discovery illustrated how, if properly structured, police discretion could be flummox to could use.

This paper will discuss the use of discretion in police work, including its many interpretations of the definition. Also to be examined will be different opinions on whether or not discretion should be controlled, and...

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