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Kylee Glazier

Prof. Greg Butler

CJ 1010

11 December 2019

Should Police Officers Exercise Discretion?

During this course, I have been able to learn so much about how the criminal justice

system works and I have gained more respect for the men and women who go into this line of

work. With that being said, I do think that there are some major issues within the system but

what government-run system in flawless? One thing that brings a lot of debate in regards to the

criminal justice system is the use of discretion in this field. In this paper, I will be discussing why

I believe police discretion is necessary for each and every officer, how it helps law enforcement,

as well as how it has an effect on ethical issues.

Discretion is an important part of any rational person’s day. Whether they are deciding

whether they need to get gas today or tomorrow or what they should wear to a certain restaurant

discretion is used. As far as discretion goes in police work, officers are using discretion to make

life-changing decisions for other people. I believe that attempting to eliminate police discretion

would cause issues for not only cops but for citizens as well. When our country was founded, the

men that lead the charge were not given step-by-step instructions on how to start and run a

country. They had to all work together and make decisions that would affect more than 400

million people over the next couple hundred years. They did not have a rule book because they

were in new territory, just like officers each day face a new situation with different

circumstances. If someone were to try to write a rule or law for every situation that an officer
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encounters, even just in one week they would have their hands full for way longer than they

would like. However, if each and every officer is able to use their discretion effectively and

reasonably, there would be no need for unnecessary laws that tell them what to do. Making the

decision that they think is best is more reasonable than trying to have a law written for any

situation that an officer might encounter.

Police are trained on how to handle tricky situations in a calm and orderly fashion. Using

their expertise to make good decisions without having to call their boss’ boss and make sure they

get the okay to write this speeding ticket for five over even though it was more like ten over

because this middle-aged driver has never been pulled over before keeps the gears of the brass

moving. If every ticket written for a traffic infraction had to be given the thumbs-up by a Sargent

or higher, it would make every level of the criminal justice system that much slower and bogged

down. When officers are allowed to use their own personal discretion they are able to keep those

who need to be set straight in line and those who are just having a bad day on their way.

When someone makes a decision that you do not agree with there is going to be some

natural tension. So imagine you are a police officer that was trying to protect themselves against

a seemingly dangerous person and your actions were called into question. Debates about police

discretion have been so common over the course of the last few years. In my opinion, yes, there

are officers that are going to cause some commotion and make some poor decisions because they

are people. However, there are ten good officers who are reasonable and trying their best for

every one officer that falls short. Ethical dilemmas are everywhere we go in 2019 and trying to

stay on top of them while still understanding where you stand can be tough as an average citizen.

So for those working in this system, it can cause some major confusion as times change and
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societal views become more and more complex. Therefore, officers need to use their discretion

to the best of their abilities because, without it, no one would be able to get anything done. Yes,

there are going to be ethical issues that come up but as long as the officer is trying their best and

being as rational as possible there is nothing that can really be done to please everyone.

In conclusion, without the use of discretion in the police force, there would be thousands

upon thousands of rules debilitating officers, slow and bogged down law enforcement

departments, and people wanting laws in response to ethical issues that are impossible to keep up

with. I think that this course has been really eye-opening and has given me so many things to

think about as I grow older and more involved in the community around me. I think that police

discretion is incredibly important and should continue to be present in the education of officers

and citizens in the United States.