Question w/ Criminal Justice ?

[urian27]

We vest a great deal of authority in sworn law enforcement personnel. A police officer, deputy sheriff, or other agent of the government who has arrest powers is granted discretion to use those powers and investigative techniques related to law enforcement. In a given moment, the officer may be the judge, jury, and executioner as a situation develops.

What controls, if any, should be place on law enforcement personnel to assure they operate legally and fairly?

1.Be sure to start the discussion with a definition of police discretion and why it is important to law enforcement.
2.Then explain how we can control this use of discretion and also maintain a safe community.

[emek]

Police discretion is given to officers in certain offenses to determine the best course of action to correct the behavior exhibited. Whether it be a warning, citation, or arrest (I like an unwritten 4th option of a beat down personally).

We control this use of discretion by only leaving it to minor offense such as petty misdemeanors and some misdemeanors. Currently important offenses of lowered levels such as domestic assault and protection orders are not left up to police decretion. But if you want to maintain a safe community the discretion of the court system to always hand out the minimum penalty is what should be adjusted.

But you are wrong in the statement that the police sometimes are the judge jury and executioner. The police never convict anyone and certainly (at least legally) never carry out any punishment. The police only report the incident to the court system for the prosecution and potential penalty. The purpose of the arrest is only to assure an appearance for court. If by that statement you are referring to the fact police sometime shoot/kill someone, that is based on defense of themselves or others and is not a conviction and/or punishment of actions.