Ethical Issues In Police Discretion

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Police have the authority to make a decision between two or more choices. Ethical issues with regards to law enforcement have been a central part in the development of the structure of the police authorities. Police discretion is a tool used by officers which gives them the ability to utilize the law of the letter or not to enforce it to the letter of the law. Discretion in enforcing offenses allows an officer to interact with people who are making mistakes, and correct those gently restoring order without disrupting the smooth functioning of every ones lives. Discretion also allows an officer the flexibility to accept that everyone makes mistakes. Discretion also gives everyone the hope that they will get away with screwing up and…show more content…
In the criminal justice system, police, prosecutors and judges, are often able to exercise a degree of discretion in deciding who will be subject to criminal penalties and how they will be punished. For example, the police officer may decide whom to formally charge with an offense. For a traffic violation, a police officer may simply issue a warning. A prosecutor may pursue different charges against the members of a group of suspects. Plea bargaining also plays a major role in determining charges. Discretion is the off shoot of the difference between the letter of the law and the spirit of the law. With the letter of the law nobody gets a break and they get prosecuted to the fullest extent of the law. With the spirit of the law an officer can make a judgment call on whether to charge someone fully, a reduced charge, or not at all. That is police discretion. Police discretion is used most commonly during traffic stops. A minor traffic infraction can be dealt with a verbal warning if the officer sees that the person had made an inadvertent mistake or was truly

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