Discussion 2 -The Criminal Justice System (original) (raw)
Related papers
Police Discretion and Procedural Justice
Revista do Instituto Brasileiro de Segurança Pública (RIBSP)
Discretion is an important and inevitable characteristic of policing that raises several discussions among academics and practitioners in the field due to the significant impact that police decisions can have on citizens’ lives and on the credibility of police institutions. This controversial attribute of police power presents challenges to the exercise of policing in democratic societies. This essay argues that procedural justice upholds police discretionary powers. It also presents real-life examples of how the exercise of police discretion in policing diverse communities may be used to counter or endorse principles of equality and procedural justice.
Police Discretion Liability in the Function of Criminal Law Enforcement
International Journal of Research and Innovation in Social Science (IJRISS) , 2020
Police discretion in potentially abused, injustice, corruptive actions are things that cannot be hidden anymore. Pretrial as a means of control and supervision in its practice has limitations. In government discretion, the State Administration Court has received to examine and test it as a form of liability, but on the contrary it is not so in police discretion. That means, police discretion in the function of criminal law enforcement cannot be examined and/or tested that is used without any liability. The research method used was normative legal research with statutory, conceptual, historical, and analytical approaches using primary, secondary, and tertiary legal material. Based on the result, police discretion liability in the function of criminal law enforcement in Law on Police and Criminal Procedural Code was not governed expressly. Therefore, the concept of police discretion must obtain clearer, more measured, and objective interpretation and explanation so that the legitimization and operational are application and in line with the conception of legal state, law enforcement, and law liability. The absence of mechanism and examining and/or testing institution could not be maintained anymore, so had to be open to the obligation to account for it, either by pseudoadministrative trial, pure administrative trial, or both, with internal liability or external liability. Besides that, the aspect of legitimization and operational of police discretion was not applicable, limited by and in the sense within the scope of its legality principle and specification, and could not be used in the function of criminal law enforcement except police investigator discretion as a form of special discretion and constituted a specification of police discretion, realized in free discretion and bound discretion according to the Criminal Procedural Code.
Police officers’ opinions of the use of unnecessary force by other officers
Police Practice and Research, 2010
This study examined the assumptions that the use of unnecessary force is acceptable to police officers and they are unlikely to report its use to a supervisor. Suspect characteristics, situational aspects, and examples of force were integrated into vignettes. Officers from three small departments responded to two vignettes. Officers accept unnecessary force if a suspect flees, but not the use of physical force. Police officers are doubtful that any other officer will report the use of force to a supervisor when a suspect appears to be involved in criminal behavior. Research limitations and directions for future research are discussed.
Police Use Of Excessive Force: A Case Study Of Lethal (Deadly) Force
Two African-American civilians, Sean Bell and Amadou Bailo Diallo, suffered tragic deaths as a result of use of lethal force by the police. This case study presents an in-depth analysis of the determinants that affected the officers' use of lethal force with regard to the above mentioned cases. In 1999, Amadou Bailo Diallo was killed in a 41-bullet police shooting in New York. Similarly in 2006, Sean Bell was shot to death in a 50-bullet fusillade that involved officers from The New York City Police Department. After the Bell shooting, officers of The New York City Police Department were under investigation. The case study focuses on and examines the similarities and differences of both cases, official and public reactions in the aftermath of the shootings, investigation processes, as well as the indictments of the police officers involved in both cases. Finally, this study proposes some suggestions on the use of excessive force based on the findings of the two specific cases.
American journal of criminal justice, 2024
In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and the court. Also, officer characteristics and crime types were important indicators of how offending officers were punished by both the courts and the agencies that employed them. Specifically, officers whose cases involved child victims and officers who were not familiar with their victims had greater odds of being convicted. The implications of our findings for policy and research in policing, especially research on police misconduct, are discussed.
Factors Affecting the Exercise of Police Discretion as Perceived by the Sorsogon City Police
Journal of Advances in Humanities Research
Police as leaders hold a critical role and should stand firm and dignified. The main objective of this research work is to highlight factors that could influence the exercise of police discretion, as perceived by the Sorsogon City Police. This research work utilized the use of descriptive-correlation design, utilizing questionnaires as the means to identify the possible factors; twenty-two questionnaires were used and retrieved. Among the factors that got a high score for conducting an arrest is the location of the Place of the suspect to be arrested, with an average weighted mean of 3.32. As to the factor affecting police discretion based on case investigation, lack of interest on the part of the complainant scored high with a WAM of 3.0. While some factors scored low, this research work has concluded that (1) the length of service and rank of police offers can affect the exercise of police discretion. (2) some factors affect the exercise of police discretion as perceived by Sorsog...