Justice and Police Discretion
The law does not provide solutions to all the existing problems. Challenges generally face the police if the law is to be followed strictly. However, the law is always flexible to allow for actions that will solve real-time challenges. Discretion comes in to enable police to undertake actions that may deviate from the specifications of the law. Generally, the police are allowed to assess a situation before taking action. The society benefits from police discretion in that individuals are not burdened with cases that do not lack sense. Blame has, however, been placed on some police who have been taking advantage of discretion to harm both victims and offenders. Consideration should be given on the advantages and disadvantages of discretion as a way of creating flexibility in the operation of the police. Since justice involves fair judgement, flexibility is required to ensure that the law does not lead to injustices. Criminal justice systems have managed to dispense justice fairly by allowing for discretion among the police.
Police discretion is the power given to the police such that they can make decisions on top of laid-down policies. The enforcement of specific laws and policies requires flexibility and police have been allowed to exercise such freedom (Ariel et al. 2018). Generally, the police are expected to maintain law and order irrespective of the situation on the ground. Some situations are, however, not covered by the specifications of the law and discretion comes into play. Moreover, discretion comes as an allowance for freedom from restrictions requiring the police always to follow the laid-down procedures. Furthermore, the previous days have seen several reforms leading to allowance for discretion. Generally, the police work under the policy that fairness is better than perfection.
The application of discretion impacts fairness in the criminal justice system. Community policing allows police to make decisions that are aimed at helping the community to stay strong. The misuse of discretion power is seen as an attempt of going against the community policies (Beckett, 2016). An example of applied discretion is where police fail to make arrests in a case of domestic violence. The police may decide to let family members solve their issues. However, discretion may be misused where the police intentionally convince the family members to remain silent to avoid legal proceedings. The community expects the police to make decisions that are beneficial to both the couple and the community. On the other hand, discretion may take another form where the police make arrests, so that the right action may be taken at an advanced level. Therefore, discretion does not follow a specific procedure of execution.
Lady Justice represents the process of justice in a world where injustice prevails over fairness. Generally, Lady Justice is blindfolded because she does not want to compromise the call for justice. Impartiality requires that all men are treated fairly irrespective of their class, race, gender, or even religion. Therefore, Lady Justice is deliberately blindfolded to avoid recognizing the inequalities that different systems force on humanity. Moreover, the term “all men are equal” appears to have lost meaning in the world. Also, the ancient world is not based on equality since some communities were found to be superior to others. If the term “all men are equal” existed, issues such as slavery would not have existed. Also, warfare and other manmade calamities existed because equality among men has not been practical across generations.
The criminal justice system, to some extent, is founded on the faults in the principles of humanity and misguided philosophies. If criminal justice was to be strictly based on the law, discretion would not be an excuse. However, human beings have changed the definition of justice to replace with dictatorship. Generally, justice is based on equal pay for equal action, and any diversion is a way to avoid taking responsibility for the consequences of justice. Public opinion has been allowed to get in the way of justice and hence, faulty principalities. Moreover, enlightenment came with changes in the way justice is offered. For example, complications happen where individuals weigh between the evidence provided in a court and the desire to be treated fairly.
Inequalities have come out regularly in the criminal justice system. Gender, race and economic class have been causes for injustices. For example, ladies have been given lenient punishments after committing crimes similar to men. For example, a case between Lindsey and Paris who are ladies may be treated differently if men were involved. The law has been making assumptions that ladies are emotionally weaker than men. However, justice should not be based on excuses. Instead, equal treatment should be given to all people. Moreover, the economic class has been a defining point for the administration of justice.
Justice appears to have been aligned to economic conditions. The access to justice is expensive, and most people have been forced to give up in the pursuance of justice. For example, legal proceedings require that victims hire lawyers to represent them in court proceedings. However, the hiring of lawyers is expensive, and justice is availed to individuals who hire the best lawyers. The final decision on justice depends on the procedure followed during the process. In the case of lawyers, the final decision depends on the competence of the lawyer employed. Generally, victims who cannot hire competent lawyers end up losing court cases and justice are not offered.
The administration of justice ranges from the operation of police to court rulings. Police discretion may work for or against the administration of justice. For example, if police are honest and make beneficial decisions, then discretion favors justice. Equality does not exist in the present world and police are always attempting to maintain fairness. Discrimination happens in the criminal justice system, and the police are in the middle of the phenomena.
In sum, criminal justice systems have managed to dispense justice fairly by allowing for discretion among the police. Police discretion is the power given to the police such that they can make decisions on top of laid-down policies. For example, complications happen where individuals weigh between the evidence provided in a court and the desire to be treated fairly. Inequalities have come out regularly in the criminal justice system. Gender, race and economic class have been causes for injustices. Equality does not exist in the present world and police are always attempting to maintain fairness.
References
Ariel, B., Sutherland, A., Henstock, D., Young, J., Drover, P., Sykes, J., … & Henderson, R. (2016). Report: Increases in police use of force in the presence of body-worn cameras are driven by officer discretion: A protocol-based subgroup analysis of ten randomized experiments. Journal of Experimental Criminology, 12(3), 453-463.
Beckett, K. (2016). The uses and abuses of police discretion: Toward harm reduction policing. Harv. L. & Pol’y Rev., 10, 77.