Police and Various Control Mechanisms Essay

discretion is foundation of the criminal justice system. Discretion is when the effective limits on a public officials power leave him or her rid to make a choice among a number of possible courses of bodily process (Gaines, 2011 p. 219). law discretion is the power or authority that is given to a police officer to act officially in a carriage that appears to be just and proper chthonian the presented circumstances. Discretion is not doing as you please. Discretion is bounded by norms (professional norms, residential district norms, legal norms, moral norms) (Police discretion).The unlike g everywheren mechanisms available for internal subdue mechanisms argon examining their policies and operating procedures and winning implement to ensure that they be consistent with real-world necessity. Policies and procedures not only mark off what officers do but also provide guidance when officers are confronted with situations where they conduct assistance (Gaines, 2011 p. 251) also Law enforcement officers should be required to compensate actus reus by separate officers that they witness or of which they become aware. The failure to report misconduct should be subject to appropriate force field (Gaines, 2001 p.252). Internal mark mechanisms are an attempt by the police to address inappropriate behavior. The variant mold mechanisms available are for outside(a) control mechanisms are external control mechanisms are imposed on the department by another(prenominal) agencies or individuals who may or may not have an instinct of the police role and functions. This control can be achieved through civil review boards, legislative oversight, or the judicial system system External control of policing is usually associated with civilian review boards (CRBs) (Gaines, 2011 p. 252).The various control mechanisms available for control by the citizens are Civilian review boards were created to (1) maintain effective discipline of the police, (2) provide satis factory resolution of citizen complaints against officers, (3) maintain citizen confidence in the police, and (4) square off police administrators by providing feedback from citizens (Gaines, 2011 p. 254-255). The various control mechanisms available for legislative control are the legislative branch of government can affect the knead of discretion in three ways (1) enactment of legal philosophys, (2) allocation of funds, and (3) legislative oversight (Gaines, 2011 p.255). The various control mechanisms available for control by the courts are the courts are perhaps the most visible bodies of external control over discretion exercised by the police. While appellate courts are responsible for find out the constitutionality of a law, they also have the authority to govern procedural aspects of the law and to limit the manner in which it is enforced by the police (Gaines, 2011 p. 256). elongation Gaines, Larry K. Kappeler, lord E. (2011). Policing In America. Police Discretion. R etrieved on June 22, 2013, from http//faculty.ncwc. edu/mstevens/205/205lect09. htm 2. The ideologies associated with utilitarianism are that geniuss actions should ensure the greatest happiness for the greatest number. Utilitarianism, a form of consequentualism, asks that we assess the correctness of an action by its outcome or consequences. If the consequences are good, the action is moral if the consequences are bad, the action is immoral. Utilitarianism as a frame divvy up a shit for moral philosophy raises several issues, such as what is good and whos good should we be concerned with? (Gaines, 2011 p. 338).The ideologies associated with deontological ethics are it does not consider consequences but examines ones duty to act (Gaines, 2011 p. 339). Ethics is, in essence, doing the aright thing, whatever that may be. The right thing is based on those values golf club holds dear. Ethical principles are premised on the notion that right is always right and wrong is always wro ng. When officers fail to do what is right, and especially when they do what is understandably and blatantly wrong, they erode the public trust just a niggling more and further degrade law enforcements ability to work within the conjunction and carry out its mission.Adherence to high honourable standards, then, is as vital to achieving the overall goal of modern policing as some(prenominal) other tactic, technique or practice (Roufa). For those situations that may prove concentrated for officers, several tests can be applied to help in the honourable decision-making process. Perhaps the best known ethical decision making tests are the critical thinking test, the media test and the gut test (Roufa). Reference Gaines, Larry K. Kappeler, Victor E. (2011). Policing In America. Roufa, T. Ethics in Law Enforcement.What the Public Expects and How Officers Can Deliver. Retrieved on June 22, 2013, from http//criminologycareers. about. com/od/Career_Trends/a/Ethics-In-Law-Enforcem ent. htm 3. The Civil Rights Act of 1871 has since been codified as championship 42 of the U. S. Code, Section 1983 (42 U. S. C. 1983), and legal actions brought under this legislation are unremarkably referred to as Section 1983 lawsuits. The legislation allows souls whose civil rights are violated by government officials to bring civil suit in federal court to recover damages (Gaines, 2011 p.397). Title 42 of the U. S. Code, Section 1983, states that Every person who, under color of either statute, ordinance, regulation, custom, or usage, of any State or Territory, or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injure in an action at law, suit in equity, or other proper proceeding for redress (Gaines, 2011 p. 397).Police officer federal liability concernin g a law suit under 42 U. S. C. Section 1983, as the cornerstone of police civil liability at the federal train is that the statement can be false also that people take advantage of certain laws such as saying to much inordinate force was used, racial slurs. There is never a reason under the law for an officer to shout racial epithets or slurs at a suspect or lethal force when an officer unreasonably shoots to scratch off a suspect (Snider, 2013). Reference Gaines, Larry K. Kappeler, Victor E. (2011). Policing In America. Snider, B (2013).Police Brutality Lawsuits and Section 1983. Retrieved on June 22, 2013, from http//blogs. findlaw. com/injured/2013/05/police-brutality-lawsuits-and-section-1983. html 4. The impact of the community policing ideology on police community relations building with the community served Community policing evolved from the policecommunity relations programs of the 1950s and 1960s and the police squad policing strategies of the 1970s, and were also a r esponse to the increase in citizen fear of iniquity that began to dominate public policy formulation in the 1980s (Gaines, 2011 p.427). It was shown that if these problems go unchecked over time, they continue to worsen until there is little that residents or government can do to reclaim the neighborhood. Therefore, the best way to polish crime and disorder is to deal with minor problems such as panhandling, unrepaired homes and businesses, and junk cars