Criminal Justice

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Discretion and ethics in policing

 

Summary/Critique on Discretion and ethics in policing

Fundamentally, police officers operate in situations that demand them to familiarize themselves with danger, authority, and efficiency. Often, police officers operate in unsupervised environments, increasing the likelihood of engaging in unethical behaviors such as taking bribes.  This paper provides a critique n discretion and ethics in policing.

First, discretion refers to the freedom of the police to make the right decision from a set of choices in a given scenario. On the other hand, ethics in policing involves a system of beliefs and standards that are generally accepted within the agency (Johnson & COX, 2004). In today’s society, police officers are expected to respond to emergency situations, often involving a dispute among the citizens. In such cases, law enforcement officers are required to make ethical decisions without any conflicting interests. Given the nature of their job, police officers are expected to hold high moral standards than the average person. In this case, discretion is deemed necessary to ensure that officers mediate minor incidents efficiently.

An important aspect is that individual factors may play a significant role in shaping an officer’s ability to practice discretion when making difficult decisions. Despite having a set of guidelines, law enforcement officers’ decisions may be influenced by a factor such as social class, race, physical size, gender, or even age (Alpert et al. 2006). A perfect example of police discretion is a scenario involving a speeding vehicle. An officer is authorized to stop the car and issue a ticket to the driver in such situations. However, an officer may decide to fail to take any action based on the reasons for speeding. For instance, an officer may feel reluctant to issue a ticket if the driver was rushing a patient to the hospital. In some cases, discretion can create mistrust between the police and society.

The recent police shootings involving people of color have raised a lot of concern among the public. Many critiques argue that police officers are likely to use deadly force on people of color. In this sense, discretion may be perceived as discrimination, negatively impacting police integrity. Another aspect of policing is that they are faced with high levels of temptation compared to employees in other professions. For instance, situations involving drug investigations may tempt officers to receive bribes. Moreover, law enforcement officers possess high levels of power and authority that grant them an opportunity to deprive an individual of their civil liberties. Given the level of authority and immense responsibilities, police officers may violate their codes of ethics.

Although police officers are trained about ethical policing, the nature of their occupation creates a sense that officers are above the law. Currently, wealthy individuals and those in political power may exert influence on the police in different scenarios. Economic inequalities, therefore, tend to interfere with the way law enforcement institutions operate in society. Political powers appoint close individuals to execute police ranks, thus expecting loyalty in specific scenarios. The law enforcement code of ethics enforced in 1893 identifies the basic duties of police officers as saving the weak from intimidation, protecting lives, serving the community, and maintaining confidentiality (Johnson & COX, 2004). Despite the expectations of policymakers and officials, police officers are placed in diverse situations that differ from the academic perspective of their careers. Ethical practice, therefore, requires the use of discretion and making appropriate decisions based on the presented scenario. The increased focus to establish professionalism within the police force contributes to the isolation of law enforcement officers from the community they serve. Thus, the lack of physical presence in the community diminishes public trust in law enforcement institutions.

Another challenge for police officers is the constant public scrutiny, even in their daily lives. Simply put, off-duty officers are required to adhere to certain standards to maintain their professional image. The increased use of social media and other internet platforms has also influenced the way police conduct their duties. Currently, citizens are able to record police arrests using their mobile phone cameras. Given such scenarios, police officers are faced with a dilemma on whether to act in the public’s interest or uphold the law. Technological advance has led to the introduction of data mining techniques that allow police organization to track criminals. Predictive policing entails collecting and analyzing enormous amounts of data to identify specific patterns of potential crimes (Shapiro, 2017). Essentially, the insights contain information about time, and places of crime, and the identity of suspects.

A common issue underlying the use of predictive analytics in policing is racial profiling. In determining the likelihood of a crime by a certain individual, law enforcement institutions may risk algorithmic profiling (Brantingham et al., 2018). On the other hand, the techniques can help the police in predicting potential future crimes. By doing so, law enforcement agencies are able to respond on time, thus preventing the onset of criminal activity. In this case, police institutions are faced with a dilemma, as their main goal of using artificial intelligence is to promote public safety. On the contrary, some citizens may perceive such methods as targeting a specific group of people within the community. Although citizens may oppose such actions, the police agency is expected to practice discretion by making the right choices based on the situation.

With the current technological advancements, it is imperative for law enforcement institutions to incorporate new methods of handling crime and restoring public safety. At the same time, police officers are required to be ethical in their practices to promote public trust. Antony, (2018) suggests that police culture determines attitudes and opinions regarding people and communities. The overall perception of the police by the community shapes individual behaviors. In this case, the police may react based on the perceptions of the citizens. For instance, police officers may handle a scenario differently if the individual portrays cooperation. On the other hand, a person from a minority group may lack trust in law enforcement, thus influencing their reaction towards police officers. Given the tense situation, a police officer may be forced to use deadly force to control the situation. Therefore, the relationship between the police department and the public is key in promoting discretion and ethics in policing.

Conclusion

Conclusively, the paper provides a critique of discretion and ethics in policing. The police occupation is characterized by the use of authority and discretion depending on the situation. Police officers operate according to a system of standards and policies set by their agencies. However, real-world scenarios require officers to use individual judgments in making decisions. Therefore, law enforcement officers are faced with a dilemma in taking the right actions, as some situations demand quick decisions. Overall, it is challenging for law enforcement officers to practice discretion while adhering to the standards set by their institutions.

 

 

 

 

 

 

 

 

 

References

Alpert, G. P., Dunham, R. G., Stroshine, M., Bennett, K., & MacDonald, J. (2006). Police officers’ decision making and discretion: forming suspicion and making a stop. National Institute of Justice, Washington, DC. https://www.ojp.gov/pdffiles1/nij/grants/213004.pdf

Anthony, L. D. (2018). Police culture and decision-making. https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=6881&context=dissertations

Brantingham, P. J., Valasik, M., & Mohler, G. O. (2018). Does predictive policing lead to biased arrests? Results from a randomized controlled trial. Statistics and public policy, 5(1), 1-6. https://www.tandfonline.com/doi/full/10.1080/2330443X.2018.1438940

Johnson, T. A., & COX, III, R. W. (2004). Police ethics: Organizational implications. Public Integrity, 7(1), 67-79. https://www.researchgate.net/publication/264120082_Police_Ethics_Organizational_Implications

Shapiro, A. (2017). Reform predictive policing. Nature News, 541(7638), 458. https://www.nature.com/news/reform-predictive-policing-1.21338

 

 

 

 

 

 

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