Police in a Democratic Society Essay

Police achievement in a democratic society is characterized by several features, much(prenominal) as the allowance of the role of sagaciousness while in the procedure of official duties (Fairchild). Indeed, the use of airiness is a common feature in the exercise of forefingers by different practitioners in the field of criminal arbiter (Fairchild). The role of appreciation in the criminal legal expert system is more than critical than in any other discipline because it is here that the power of the state is aligned against the individual (Fairchild). For ex angstrom unitle, individuals face the possibility of loss of life, improperness and property as a consequence of conviction or unadulterated accusation of the commission of a crime (Fairchild). Among the practitioners who are given discretion in the criminal justice system are correctional staff, patrol officers, and court-related personnel (Jones & amp Kerbs, 2007).          & nbsp In particular, police discretion as a concept and a policy has developed largely because of the realization that the brass of justice is far from perfect (Jones & Kerbs, 2007). The imperfection lies in the distress of the criminal justice system to meet four necessary elements in the dispensation of perfect justice (Jones & Kerbs, 2007). These elements concern the absolute ability to collar law violators, localize law violators, identify the intent of law violators, and punish law violators (Jones & Kerbs, 2007). The dispensation of justice depends primarily on the actions of those individuals to whom it was entrusted, such as police officers, prosecutors and judges (Jones & Kerbs, 2007).            Discretion in the criminal justice system is not being employed by police officers alone. opposite officers, such as court-related personnel, probation and parole officers, and correctional staff are in any case allowed to exercise discretion in the performance of their duties (Jones & Kerbs, 2007). The exercise of discretion by officers from different departments and jurisdictions of the law enforcement community all interrelate to the legal administration of justice.            Among court-related personnel, prosecutors and judges are the ones who use discretion the most (Jones & Kerbs, 2007). For example, prosecutorial discretion is exercised during plea negotiations or plea-bargaining (Jones & Kerbs, 2007). Prosecutors also exercise discretion in choosing the cases that should be presented before a grand jury (Jones & Kerbs, 2007). On the other hand, judges exercise discretion in handing good deal their decisions and rulings (Jones & Kerbs, 2007). Meanwhile, correctional personnel exercise discretion in set up programs in the supervision of offenders. In particular, discretion is exercised in the handling of accepted infractions and the decision to write disciplinary reports (Jones & Kerbs, 2007).            Police discretion, while it is genuinely helpful in maintaining balance in the enforcement of laws, should be controlled in tack together to remove publishs such as racism and discrimination that have been contentious in the past decades (Pepinsky, 1984). One example of a problem involving the exercise of police discretion is the perceived difference in police treatment of women vis--vis men, and whites vis--vis blacks (The spic-and-span York Times Company, 2004).According to a Boston Globe translate of police records, it is posited that women and whites are more likely to receive earnings preferably than tickets, compared to their men and black counterparts, when they get stopped for identical traffic offenses (The new-fangled York Times Company, 2004). However, some police officers justify their decision to simply issue warnings on their belief that they are effective teaching tools to the public, compared to the issuance of tickets (The New York Times Company, 2004).            Discrepancies in the treatment of offenders, such as the one report above, and consequently the negative perception on the abuse of discretion by police officers, can be accomplished by having clear rules that would identify good from bad discretion (Pepinsky, 1984).ReferencesFairchild, E. S. Enforcement of Police and uprightness Enforcement Policy. Organiational         Structure and retard of Discretion in Police Operations, 442-449.Jones, M. & Kerbs, J. J. (2007). Probation and Parole Officers and Discretionary           Decision-Making Responses to practiced and Criminal Violations. Electronic         version. Federal Probation 71(1), 9-16.Pepinsky, H. E. (1984). Better Living through Police Discretion. Law an d Contemporary             Problems 47(4), 249-267.The New York Times Company. (2004). Retrieved November 11, 2007, from              http//www.boston.com/globe/metro/packages/tickets/072103.shtml