Monday, December 14, 2009

The Public Duty Doctrine.52: Police Discretion

The linked article states that police discretion is the "cornerstone of our judicial system."

http://nems360.com/pages/full_story/push?article-police+discretion+called+%E2%80%98cornerstone+of+justice+system%E2%80%99%20&id=3662000-Police+di

So......if government and its agents (police) have no legal duty to protect (The Public Duty Doctrine); they cannot be held legally liable for failing to protect, because there was no legal duty to protect in the first place, then the officer decides (discretion) whether your case/call (9-1-1) has merit or not. This is an extraordinary power. The public must understand their relationship with the criminal justice system.

A 2003, college textbook, entitled "Criminology," authored by Larry J. Siegel, page 499, states, "Police discretion involves the selective enforcement of the law by duly authorized police agents. However, unlike members of almost every other criminal justice agency, police officers are neither regulated in their daily procedures by administrative scrutiny nor subjected to judicial review (except when their behavior clearly violates an offender's constitutional rights). As a result, the exercise of discretion by police may sometimes deteriorate into discrimination, violence, and other abusive practices."

If it all boils down to how that officer (responding to your call) feels, we're in trouble.

Welcome to Wanesville!!!!!!!



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