The Need for Controlling Discretion

Why is there a need for control of discretion? How is this need met? What is “administrative rulemaking” and what is the goal of this practice? What are some examples and some advantages? What should happen to officers who violate administrative rules by using too much discretion? There is a need to control discretion as not all the officers that are honest, royal and patriotic. This would mean that there is too much freedom in the police force, meaning that a police would be free to do what they like as they have the right to make their own decision without consulting the law or making their own judgments concerning some specific areas.

For example if an officer hates the parties or the person involved, he/she may not solve the case fairly. Also, incase there is decreased discretion, that lowers the officers to the level of the other citizens and this may make it too difficult for them to execute their duties. Thus there is a need to control discretion in the police force so that they can enforce law and order. Without proper discretion control, there is no order.

This discretion control is realized by making implementing and strictly following the laws in the police force, it is also done indirectly through the intensive training that the police force go through such that by the end of the training one comes out properly trained and with all the rules and proper discipline. There are also the rules and regulations that govern the police force and serious measures are taken in case one of them breaks the professional codes. This helps the officers to strictly follow these codes of ethics and thus control the discretion in the force.

(Walker, 2004)) Administrative rule making may be termed as the process by which expectation branch in a particular country adopt rules that already have the force of law. They may do this by delegating to a particular body what is supposed to be done, underlying policies, procedure and the methods of reviewing the already existing rules. There are various goals for administrative rule making. Such goals of there practice is for to educate the parties involved on the value or rather the importance of the profession. It may be used to act as a guide in the execution of their duties.

Once individuals have trained, they should apply these values to situations in their lives. Rule making may also act as a facilitator for example if one is expected to attend a hearing, this would provide the procedure. Another goal is to direct the individuals. It states the expected professional conduct and what is expected for everyone. Last but not the least, rule makings goal is to act as an enforcer. That is to help or to be able to prosecute the people involved incase of a bleach of the rules. (Walker, 2004))

An example of an administrative rule making is the Canadian Experience in which we find that there were advantages that came along with it. There was an acceptance and frequently used aspect of administrative regulation, increasingly in creativity in the form of rules and also there was constant tension with the courts especially those that challenge authority and enforceability of administrative rules. (Walker, 2004)) Officers who violate the administrative rules by using too much discretion should face the law and be prosecuted according to the rule they are found to break.

Incase they are found guilty; they should be sentenced and subsequently demoted. Police Discretion What is “police discretion”? Do law enforcement officers have too much or too little? It can be termed to mean the power or authority given by law to act in some specific areas by officials or an official agency. Law enforcement officers do have too much discretion. They have what they are supposed to have as they can not perform well with less. Also, if they decrease their discretion they may not perform their duties well as citizens require some force so that there can be order in the country. M12 Police Community Relations

Why is there an entire chapter devoted to “Police-Community Relations”? Why should law enforcement agencies be concerned with relationships with different racial and ethnic groups and communities? What other bases for discrimination are discussed in the book besides race and ethnicity? There is necessity for an entire chapter devoted to police community relations because poor relations between the police and community members can lead to feeling of anger, fear or distrust. This chapter should help the citizens so that they may not think that the police are prejudice and their policies are unfair.

On the other hand the police may feel they are to blame for say all kinds of social problems and those they are not positively acknowledged for their job. (Walker, 2004)) Law enforcer should be concerned with relationship with different racial and ethnic groups and communities. This is because in one state, there may be people of different racial backgrounds. It happens that some races will feel inferior to others. This will result into them seeing as if they are being discriminated. Others may feel superior and thus feel that they are more advantaged than others.

This may result to them mistreating the races that seem inferior. This also applies to places where there are different ethnic groups in a particular country. Thus the law enforcement agency should be concerned with the relationship between these two factors that is the race and the ethnic group so that there can be a balanced way of life in an area. There are also various types of discrimination discussed in the book. Some of these discriminations discussed are employment discriminations. This goes with the type of job and the status that a person is holding.

Some people will be favored if they have a prestigious jobs compared to the casual laborers. Another form of discrimination discussed is the national origin discrimination. This is where one is discriminated depending on the place of birth or rather the place of origin. Also discussed is the sex-based discrimination. This is where one is discriminated according to his or her sex. Also discussed is the age based discrimination where different people are seen to be discriminated depending on their age. (Walker, 2004))