Police science College Essay Example | Topics and Well Written Essays - 750 words

Police science College - Essay Example 42). Police discretion has been further addressed and defined at the highest levels of the American criminal justice system. The United States Supreme Court, the ultimate arbiter of the reasonableness of police procedure, has sanctioned the use of police discretion in 4th Amendment search and seizure cases. Indeed, "There are many other intrusive activities that the Court leaves solely to the discretion of the police on the grounds that the individual has no "reasonable expectation of privacy" in the place or premises targeted by the police" (Maclin, 1996: np). In short, even from a constitutional point of view, there are situations when the use of police discretion is not only allowed, but necessary. Police discretion, therefore, can best be characterized as the use of judgment in fluid situations and settings. O'Connor presents a four-part framework for defining police discretion for a particular community: (1) discretion as judgment, (2) discretion as choice, (3) discretion as discernment, and (4) discretion as license (2005, np.). A police officer's judgment, for example, ought to be based on his experience, his particular area of expertise, and his insight into different situations as defined by that community. ... Discretion is therefore highly individualistic. Discretion one community might be exercised differently than in a different community. Choice means trying to find alternative solutions to problems. This aspect of discretion involves a weighing of the costs and the benefits of alternative courses of action. Discernment refers to an examination of the underlying merits of a situation. The police officer must use discretion, for instance to determine whether someone is being scapegoated or unfairly accused. Perhaps there is some excuse that, while not legally recognized as a defense, nevertheless is a very reasonable reason for employing discretion. Finally, the notion of discretion as license reflects the fact that there are times when it might be wiser to disobey standard operating procedures and rules. This is an area where the possibility for the abuse of discretion is the highest. In short, discretion is a multifaceted concept and it tends to be applied on an individualistic basis. Question 3: What is it about YOUNG PEOPLE AND THE POLICE Why is there so much conflict and animosity It has been established that police discretion exists, that police discretion is defined in various ways, and that there are many inaccuracies or myths surrounding the application of police discretion. The sources of police discretion regarding young people, however, are more definitely categorized and defined. O'Connor, citing the extensive research summaries presented by Gaines et al, breaks the causes of police discretion down into three main categories. The first category focuses on the age and the history of the offender and deals mostly with age-related factors. Does the offender, for example resist or respond