Concept Paper: Discretion
Concept Paper: Discretion Background: Discretion is the exercising of choice. Usually discretion involves a conscious, purposeful decision to disregard a directive, protocol, or normative behavior in favor of some alternative recourse deemed to be more appropriate to the current circumstance or condition. The exercise of discretion is fraught with risk, however. Deviation from direction may be construed as disrespect, disobedience, or worse. But a failure to identify the appropriate application of discretion may brand the leader as insensitive, unrealistic, or a martinet. The various elements and characters in the criminal justice system are replete with the opportunity (and the necessity) for the exercise of discretion, none more so than the law enforcement function. The role of the police administrator is doubly challenging, as he or she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members of the agency. Project Assignment: You will submit a concept paper describing two discretionary situations for a police chief. The situations may focus on either operational issues (e.g., uniform patrol deployment, criminal investigation/arrest, traffic control, crime prevention, etc.) or administrative issues (e.g., disciplinary action, hiring, training, budget/procurement, public information, etc.). The exercise of discretion in one situation may be appropriate while being inappropriate in another. For each situation, you will describe: • the situation, the controlling protocol, and the discretionary alternative(s) • the reasons supporting compliance with the controlling protocol • the justification for the exercise of discretion • the determination that discretion is appropriate/inappropriate, and why In support of this project a minimum of two additional sources must be referenced in addition to textbook and course reading materials. CAUTION: This paper must reflect the discretion exercised by the chief of police in his/her capacity as a police administrator. Situations describing the discretion of a police officer are inappropriate for this project. Format: • · The cover page should include the name and number of the course, the name of the student, title of the project and the date of submission. • · The composition narrative must be created using double spacing, 12 pt. font, 1 inch margins. • · Resources, including course materials, must be cited both in the narrative where appropriate and on a separate references pag
Discretion
Name
Institute
February 14th 2014
Overview
Every day public officials in positions of authority are faced with various situations that require them to use their power to decide, circumspect and make prudent choices, verdict, or action. Discretion is the ability to utilize prudently ones authority in deciding what is appropriate and what is inappropriate in a given situation ( HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22N.+Unnithan%22&source=gbs_metadata_r&cad=8" Unnithan, & HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22Michael+Palmiotto%22&source=gbs_metadata_r&cad=8" Palmiotto, 2010). The role of police professionals in law enforcement is doubly challenging, in most cases they are faced with numerous critical situations that require them to utilize their discrete discernment in making sound judgment of situations without seeking approval from their seniors (Gaines, & Worrall, 2011).
There are protocols and regular routines that guide Police chiefs in abiding to law as they enforce public order. In many situations, police chiefs face circumstances that demand them to make decisions based on the prevailing aspects. They must therefore, make good judgment of the situations regardless of the normal controlling protocol expected of them. Police chiefs in their daily duties must make discretion decisions for their administrative departments and community for effective policing ( HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22Linda+Forst%22&source=gbs_metadata_r&cad=6" Forst & HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22John+Dempsey%22&source=gbs_metadata_r&cad=6" Dempsey, 2012).
Discretionary action by Chief of Police - A criminal arrest Case
Sergeant Houghton with his special arms and tactics (SAT) team were on a mission to investigate and arrest an armed drug felon in Braxton town of Michigan. After getting reports of the criminal hideout through intelligent sources, Sergeant Houghton had briefed his team on the arrest operation. It was nighttime, when his team moved swiftly towards the apartment where the armed drug suspect had been hiding.
They made a successful arrest and the suspect was brought outside as Sergeant Houghton and his team made a search of the apartment for drugs and weapons. Unknown to them, an old granny emerged from one of the rooms shouting obscenities to the Sergeant and his team claiming that the law enforcement team should have informed her before searching her house and arresting her son. Her shouting attracted a sizeable crowd of neighbors and onlookers. Her incensed irrational and frantic screams influenced the crowd who began to approach Sergeant Houghton and his team. As he made attempts to control her, the more she screamed and the crowd of neighbors increased.
The controlling protocol and Rationale for Sergeant Houghton Discretion
Sergeant Houghton would have arrested the suspect’s mother for her misconduct. Through her disorderly conduct, she violated various things among them disrespect for the Sergeant and his officers and attempting to interfere with law enforcement operations. He instead chose to approach the old granny, listen and talk to her with an intention of understanding her. He showed her the arrest warrant for her son and explained to her why they were searching her apartment. The granny anger diffused and the crowd relaxed, and some walked away.
Later, a senior colleague officer who leant about the incident questioned Houghton response action. The colleague was concerned that, Houghton’s action was a show of weakness, which might have exposed the Sergeant and his team to harm. The colleague also argued that Sergeant Houghton would have arrested the disorderly granny for her rude misconduct. This could have acted as a warning to the crowd that disrespect for police officers could not be tolerated.
Isenberg, 2009, argues that, in this predisposition, the controlling protocol would have required Houghton and his team arrest the mother but the Sergeant used a wise discretion in not arresting her. HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22Linda+Forst%22&source=gbs_metadata_r&cad=6" Forst & HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22John+Dempsey%22&source=gbs_metadata_r&cad=6" Dempsey, 2012, adds, majority would argue that Sergeant Houghton actions were not normal considering that her son was an armed drug criminal and that his team had right of the way in making arrest and search. Viewed otherwise, the Sergeant response to the situation might have been based on his believe and respect of people, and that with his action, it was an important element of building trust and collaboration with the community for effective policing (Isenberg, 2009).
Justifying Sergeant Houghton exercise of discretion
Morris, 2007, is of opinion that, if Sergeant Houghton had used alternative discretion action of law enforcement and especially to the community by making forceful arrests, this could have compromised his team’s mission. In this context therefore, his good judgment required moral wisdom to listen, perceive the situation, and analyze the consequences of alternative action. For instance, compelling the screaming woman to go away or forcefully arresting her would have incensed the crowd necessitating more arrest from the rowdy crowd.
The crowd would have become wild spreading to the streets as they tried to resist the arresting of the granny by the law enforcement team. The officers would have been involved in more shuffles on the streets arresting and filling misdemeanor charges which if taken to municipal courts could have being tied for months (Isenberg, 2009). In addition, such a circumstance would have been discussed and spread to the neighborhoods creating and reinforcing distrust for police, and subsequently eroding the essential efforts of community policing to fight drugs and other criminal activities ( HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22N.+Unnithan%22&source=gbs_metadata_r&cad=8" Unnithan, & HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22Michael+Palmiotto%22&source=gbs_metadata_r&cad=8" Palmiotto, 2010).
If Sergeant Houghton team had engaged the crowd in shuffles and arrest, and the community made complaints to the Municipal government, the complaints by the community would have been fruitless through internal investigations. Moreover, since no member of his (SAT) team would have done anything wrong, his team would have been cleared. However, if Houghton had tried a different approach of dealing with citizens who interjects and questions police authority in their operations, the situation would have had a different finality. The Sergeant discretion was a wise judgment in effectively addressing a seemingly volatile situation and showing a leading example to his junior officers. In this way, Sergeant Houghton discretion depicted him as a good administrative officer, applying critical thinking in a situation and addressing it with permissible action ( HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22Linda+Forst%22&source=gbs_metadata_r&cad=6" Forst & HYPERLINK "/search?tbo=p&tbm=bks&q=inauthor:%22John+Dempsey%22&source=gbs_metadata_r&cad=6" Dempsey, 2012).
Discretionary action by Chief of Police- An administrative case
Maryland area was caught up in a ...