a problem that has always existed. In contrast if that driver was doing 5km over the speed limit through a school zone at 3 in the afternoon, with many children around, a better use of the officers discretion may be to issue the driver with an infringement notice. More to the point, police misconduct can involve a violation of departmental policies, a violation of constitutional protections, a violation of the law itself, or a combination of the three. While the most recognizable form of corruption involves officers taking money for favors (bribery the actions that are considered corruption include filing false police reports, harassment of any person due to sex, race, creed, religion, national origin or sexual orientation, and failure to protect the. The point of discretion to be discussed is the use of physical force on the youth. Discretion has been seen as inviting partiality in dealing with the citizens as well as creating an opportunity for corruption.
The police discretion considers many factors which can be compiled into three broad categories. The police will empathize and offer pep talk to some law breakers depending on these variables. They are constantly scrutinized by society and the parameters in which they can perform their duties are growing smaller in this litigious society.
Feltgen June 23, 2005 Abstract In this paper I will discuss police discretion and the use of these discretionary powers in the law enforcement workplace.
Home Free Essays Ethics, Discretion, and Police Misconduct.
Ethical police conduct is not as complicated as everyone assumes about defining the perimeters that ethics cover.
While the wording of the police code of conduct may vary by jurisdiction, the end result is the same protect those that need protecting, perform the job with integrity, keep others information confidential unless the performance of duty or legal provision requires otherwise, use discretion. Not all forms of misconduct are a deliberate form of corruption, however all misconduct must be reported and essay on library with quotations in telugu dealt with appropriately. Racist officers might abuse the discretion aspect and make arrests on the basis of ethnic background. A simple example of this is where a driver is caught speeding 5km over the speed limit on an open country road with no other cars around. The modern day policing culture has many positive and negative aspects, unfortunately corruption and a code of silence are two of the negative aspects falling into the unethical category (Findlay,. One of the advantages of police discretion is the fact that it allows the officer to humanely treat people, giving them a second chance, and improving on the communitys perception of the police. As soon as Senior Constable Cullen accepts the job he states to Constable Black, I am so over these rich people. When an officer takes the Oath of Office and is bestowed the Office of Constable, the officer is also granted the power of original authority. Police officers not only have to enforce the laws of the jurisdiction where they work, but also the US Constitution, which is the basis of all law. This essay will also discuss the roles and functions of police and how they must be approached ethically, as well as the use of discretion and reporting misconduct and corruption.