Subspace Alignment on the LPP manifold

Police discretion legally can be applied in different ways and these ways are as follows:

One of the most important areas where police have discretion is in deciding who to stop.

Most people commit some violation during the course of their day. Often, it is something small like failing to maintain a lane during a turn. Others will go a few miles per hour over the speed limit. It is quite obviously not possible to arrest every single person who happens to break the law. It is also not advisable for officers to do so. Still, they can decide to give some people warnings if they deem that this would be the most effective way to protect the public.

Some complain that the use of discretion can lead to unfairness on the basis of race, gender, religion and the like. Others hold that this is an important function that ensures the law is not too rigid.

In addition, officers occasionally have discretion when it comes to who to arrest and how to do it. When a warrant for arrest is issued, there is no discretion involved. However, officers operating without a warrant must decide whether the complained of crime is enough to justify the arrest.

3.3.1 Limitations of police discretion

Limitations of police discretion are that there may be instances of favouritism or bias when enforcing the law. This is because all human beings are essentially a sum total of all the experiences that have shaped them. These experiences form the perception individuals have of certain aspects of their lives, thus leading to bias even when they are unaware of it. This is the basis of the problem of inconsistency in application of police discretion. It is a tenet of the law that the law should be applied equally to all citizens. Therefore, police discretion may serve as a loophole for certain citizens to escape the full force of the law, while others may be unfairly punished.

As regards the question of whether police work is too complex to scrutinize and micromanage in every circumstance, it is clear that the community comprehends this truth, and hence the leeway which is police discretion. Police discretion is exercised within the constraints of the law. The law, on the other hand, is created by legislators who are representatives of their electorate; therefore, it is safe to assume that the community does understand the need for police discretion. However, the police must understand that discretion is not unlimited, and the community reserves the right to question some of their decisions. This will inspire a feeling of transparency and accountability in the police, which will ensure access to justice for all. Obviously, elimination of police discretion is not a feasible option. While certain biases and prejudices are ingrained into human nature, it would be possible to try and eliminate such through certain methods. Police discretion will, therefore, be highly successful, if properly regulated.

Methods that can be used include developing strict policies and guidelines that guide the force. For example, it has been noted that the New York City Police Department started a strict policy based on ―defence of life.‖ Based on this policy, the officers were encouraged to spare life at all time. One should shoot where all other options have been exhausted and proved futile. Because of this policy, the number of police shootings reduced by thirty pre cent. Because of the success of this policy, other police departments all over the state were encouraged to adopt it, and this led to a reduction in shooting incidents by 50% between 1970 and 1984 (Engel, 2003).

Police discretion can also be taught by emphasising ethics. It should be emphasised that policemen are servants of the people, and, therefore, should exercise conduct befitting such a noble mandate. They should also be encouraged to avoid bad habits and employ excellent reasoning. Ethics education seeks to ensure that police officers are worthy of the public‗s trust. Police departments must produce a code of conduct for their officers. Every officer should be encouraged to act according to that code, and failure to abide by it would result in punishment.

There should also be routine trainings for police officers in a bid to eliminate any bias they may have. These should be conducted by experienced personnel who specialise in dealing with such problems.The trainings should also incorporate real-life dilemmas which police officers would ordinarily face in everyday world. Specialists conducting trainings should then seek to get the response of police officers with regard to those particular situations. This will

help the specialist analyse the levels of bias that may be inherent in each of police officers.

This will help supervisors determine which officer is most competent in dealing with troubling scenarios, thus eliminating instances of bias by sending the most competent to handle difficult situations.

The question of gratuities and gifts should also be tackled. Most officers do not earn extremely high salaries, hence the temptation to take gratuities and gifts from citizens. While it is not generally wrong to accept such gifts, they could cloud his/her judgement when dealing with a particular case. This will most likely lead to a situation where certain people feel biased against. While this may not necessarily be true, the underlying principle in law is that one must not only be fair but seen to be fair as well (Goldstein, 1977).

Other specific disadvantages

1. Statutory laws don‘t cover every potential situation.

2. It can be an invitation for cronyism.

3. Violating orders can lead to the use of excessive force.

4. Some police officers see discretion as being a form of unlimited authority.

5. People with wealth tend to receive more of the benefits of discretion.

6. It is a principle that gives the police officer the benefit of the doubt.

7. The use of police discretion can put the public at risk.

4.0 Conclusion

Jurisdiction has always been the major factor mitigating against fight crime as instead of collaboration the gatekeepers of the criminal justice system fight for who has what power and how to operate in the society which makes it key to look into the process of creating these.

5.0Summary

The jurisdiction is a huge part of the police as a structure as it guides their operation however it has disadvantages are enormous as it can make fight for crime hard and at times put the officer in danger.

6.0Tutor-Marked Assignments