Criminology Assignment: Discretionary Power and Law Enforcement

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This report analyzes the concept of discretionary power within the context of law enforcement in the United States. It begins by defining discretionary power and explaining its significance in the role of police officers. The report then provides examples of when such power is appropriately used, such as in cases of verbal abuse or minor offenses, and contrasts it with instances of misuse, such as the Rodney King case. It delves into the controversies surrounding the use of discretion, emphasizing the need for police officers to uphold democratic values while exercising their authority and also examines how society perceives the application of this power, especially concerning its potential impact on individual liberties. The report concludes by highlighting the importance of balancing the need for law enforcement with the protection of civil rights.
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Running head: CRIMINOLOGY
Criminology
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CRIMINOLOGY
Q.1: Why police officers are allowed discretionary powers in the United States?
The word discretionary means certain power that can be exercised by one’s own
choice. In USA, the police officers are enjoying such power, as they are the primary part of
the justice system. Police officers are allowed to apply their discretionary power to maintain
proper order in the state (Brunetto, Yvonne, et al.).
Q.2: Give one example of when it is appropriate for a law enforcement official to use
discretion at work.
There are number of incidents where the police officers are exercising their
discretionary power such as domestic violence, traffic violence, potential hate crime and
crimes committed by the mentally ill patients. In USA, there are certain cases where the
parties are using verbal abuse and do not engage in physical contact. In these cases, the police
officers have to apply their discretionary power.
Q.3: Provide one example of when it is inappropriate/wrong to use discretion.
Police officers are provided discretionary power to carry out the rule of law.
However, the application of the discretionary power should not be inadequate. There are
various examples in USA where the police officers have failed to apply proper discretionary
power. The case of Rodney King (1991) can be a good example of that.
Q.4: Discuss the controversies with the use of discretion.
There are certain controversies grown up regarding the discretionary power of the
police officers. The police officers are required to maintain the democratic value while
exercising their power (Ballucci et al.). However, there are certain incidents where the police
officers have failed to maintain their primary aim and applied the power in wrong way. The
police should protect the interest of the public.
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CRIMINOLOGY
Q.5: How society views discretionary power that law enforcement officials use?
Police are the primary source of law enforcement in a country. Therefore, certain
powers are conferred to them so they can maintain peace and security. Discretionary power
allows a police officer to snatch away personal liberty of an individual. However, agitation
has been raised against the excessive use of discretionary power. Therefore, this power could
be applied with due cautions.
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CRIMINOLOGY
Reference:
Ballucci, Dale, Carmen Gill, and Mary Ann Campbell. "The Power of Attitude: The Role of
Police Culture and Receptivity of Risk Assessment Tools in IPV Calls." Policing: A Journal
of Policy and Practice 11.3 (2017): 242-257.
Brunetto, Yvonne, et al. "Comparing the impact of management support on police officers’
perceptions of discretionary power and engagement: Australia, USA and Malta." The
International Journal of Human Resource Management (2017): 1-22.
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