If LE had to cite or arrest for every single offense we observed or had relayed to us, also known as following the letter of the law, I think society would crumble.
We would not any time to hunt the truly violent criminals that prey on society.
We have ALOT of laws to follow in our system. Those are enforced as needed to keep repeat offenders, dangerous offenders, uncaring offenders, etc. from hurting society. People basically need to police themselves, or we have to step in and do it for them. That's the basis for our "free" country. Its really "Do as you should, or pay the price."
I don't need to cite every person that rolls a stop sign, or has a little nickel bag on them. However, if I see them again, doing the same thing, or they have the attitude that they do not care and I am simply inconveniencing them for my own gain, then they will have to deal with the court system and hopefully learn a lesson.
Discretion is the key to LE.
Make sense?
2007-11-08 07:59:14
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answer #1
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answered by California Street Cop 6
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THE POLICE HAVE TO USE THEIR DISCRETION.
WHY? WELL IF I DID NOT HAVE THE POWER OF A DISCRETIONARY DECISION, WHO THEN DOES. MY SUPERVISOR? DO ALL CALLS HAVE TO BE THEN SCREENED THROUGH A SUPERVISOR TO MAKE THE CALL?
IF YOU DO TAKE AWAY THE DISCRETIONARY POWER OF THE OFFICER THEN WHAT DO YOU DO?
REAL LIFE. OUT SERVING A WARRANT (27) ALL MISDEMEANORS. WE KNOCK AT THE DOOR AND IDENTIFY WE ARE---WANT TO SEE---ABOUT 30 SEC GO BY AND A BULLET COMES THROUGH THE FRONT DOOR. WE ARE STANDING ON THE FRONT COVERED PORCH AND THE SUSPECT??STARTS FIRING FROM THE SECOND FLOOR DOWN AT US. WE CALL FOR ASSISTANCE,(NOW IT IS RESISTING ARREST, FELONY, FIRING AT OFFICERS.) A MEMBER OF THE SNIPER TEAM COMES ON AND SAYS HE WILL BE THERE IN 10SEC.
THE SNIPER ARRIVES. I AM A SERGEANT, DET., AND I ASK CAN YOU SEE HIM,"YES" I SAY TAKE HIM DOWN (CALL FOR WOUND) (TAKE OUT IS KILL).THE SNIPER HAS HIM AND SHOOTS. AS HE FIRES, THE SUSPECT DRAWS BACK FROM THE WINDOW AND THE SHOT HITS HIM IN THE THROAT. HE DIES AT THE SCENE.--WHAT WOULD YOU HAVE DONE IN THAT SAME INSTANCE? DISCRETION IS NOT EASY IN ALL SITUATIONS?
CRITICISM CAME FROM ALL OVER ABOUT THIS KILLING. BUT THE FACTS CAME OUT AND WE WERE CLEARED BASED UPON THE FACTS THAT HE OPENED FIRE AND RESISTED ARREST. THE LEVEL OF OPEN FIRE WAS DEADLY FORCE HIM OR US?
2007-11-08 15:02:43
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answer #2
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answered by ahsoasho2u2 7
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Common sense seems to be yelling "YES"!
How many laws would we need to govern every single weird situation the police face every single day?
There are not enough trees to make the paper it would require to write them all down!
Then we'd have the nightmare of trying to know them all?
Police need flexibility or we will all pay a price in loss of liberties.
2007-11-08 14:48:57
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answer #3
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answered by Anonymous
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police discretion is gonna very form officer to officer because they are using their own judgment what might seem wrong to one officer might not seem as wrong to the next it can be both a good thing and a bad thing
2007-11-08 15:42:52
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answer #4
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answered by Anonymous
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Most every situation is different, and should be treated differently.
Discretion is not just good, it is necessary.
Yes, I don't doubt discretion is subject to abuse... but it is the abuse that is bad, not the discretion itself.
2007-11-08 14:51:43
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answer #5
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answered by trooper3316 7
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The police can do almost anything for your location except to change who you are ..
2007-11-08 16:17:40
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answer #6
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answered by HollyBerry 3
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Um... of course they should use their own judgment. Would you suggest they use someone else's judgment?
2007-11-08 14:46:21
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answer #7
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answered by Teekno 7
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