Police Discretion in Domestic Violence Research Paper

Police Discretion in Domestic Violence - Research Paper Example Most police officers feel that a domestic dispute is a private matter that should be handled by both parties. However, police officers mostly rely on their experience as police officers to handle the situation as they think appropriate. Police Discretion in Domestic Violence Introduction Family problems which breed domestic violence are universal issues which affect all members of the family including parents and children. Domestic violence can be fatal, but it can be effectively controlled with the proper implementation of law and timely and appropriate intervention by the police. Police reactions to incidents of domestic violence have usually depended upon the attitude and discretion of the officer involved in investigating the reported incident. â€Å"Discretion can be characterized as the authority of the police officer to chose his/her course of action or inaction. Police have discretionary powers in their positions as protectors of the public and upholders of the law. A lot ha s been written about police discretion in the criminal justice field procedures. It has been proved that arrests in such matters reduce incidences, as the offender might not repeat the offence for fear of prosecution. Many abused women do not call the police because they feel that they will not be taken seriously, and the police might make use of its discretionary powers and not arrest the abuser. In such cases, it leads to further violence causing greater injury or harm to the spouse, partner or children. Sometimes women do not report domestic violence because they do not want their spouse or partner to be arrested and sent to prison (Green & Kelso, 2010). Discussed below are some of pros and cons of the police discretion in domestic violence. Police discretion was an unmentionable subject right up to 1956, when it was brought to light by an American Bar Foundation Study. Until then, no one would admit that it was a reality. The approach of police high-ups was that any digression f rom accepted or written down procedures was not permissible by law, and most probably a basis for dishonesty. When it became public knowledge, the police administration made efforts to play it down or even have it outlawed. The actual problem lies in the abuse of discretion, not in its implementation. Police discretion is now accepted as an indispensable malevolence, which can be of great use if used properly. Community policing is where officers can exercise discretion to help the community more effectively. Discretion is good when it is managed and well thought-out. (Green & Kelso, 2010) Defining Police Discretion Some facts which can be regarded as both pros and cons depending upon application have described â€Å"police discretion† as an area where the law is not implemented or as the â€Å"gap in the doughnut†. Discretion is the vacant space which is surrounded by the relevant set of principles and procedures. Alternatively, it can be described as cases where no r ules are applicable and the officer makes a personal decision based on beliefs, assumptions and his own interpretation of the situation. Discretion is not the same as repetitive and consistent compliance. It entails information, talent and the ability to act and perform in random and awkward situations. Police are not soldiers who must obey orders blindly and without question. Police must be quite