CJ340Applied Criminal

Justice Ethics

Seminar #2Jim Robar, Instructor

Discretion

• What is Discretion?

Discretion

• What is Discretion?• 1. The quality of being discrete; tactfulness;

prudence 2. Freedom or power to make one’s own judgments Source: Funk & Wagnall's Dictionary

Discretion

• What is Discretion?• 1. The quality of being discrete; tactfulness;

prudence 2. Freedom or power to make one’s own judgments Source: Funk & Wagnall's Dictionary

• How is it Applicable to the Law Enforcement Arena?

When can discretion be used?

• Traffic violation - Failed to stop at red light

• Traffic violation - Driving Under Influence

• Domestic Violence

• Hate Crime - Racially Motivated

• Mental Illness

• Homeless Person - Theft

• Vice Crime - Prostitution

• Vice Crime - Narcotics - Drug Seller/Drug Buyer

• Vice Crime - Gambling Socyberty.com

Discretion – Public Perception

• Does the Public become frustrated with the inconsistencies of application of the law?

Discretion – Public Perception

• Does the Public become frustrated with the inconsistencies of application of the law?

• One town does it one way and another town does it another?

Discretion – Public Perception

• Does the Public become frustrated with the inconsistencies of application of the law?

• One town does it one way and another town does it another?

• One officer does it one way and another officer does it their way?

Discretion – Zero Tolerance?

• Should all laws be enforced blindly?

Discretion – Zero Tolerance?

• Should all laws be enforced blindly?

• Should laws be enforced in a Black & White Role – Meaning Zero Tolerance?

Discretion

• Police should use discretion in balancing the goal of maintaining order and security with the goal of law enforcement.

Discretion• Safety & Security vs. Full Enforcement?• Police Pursuits?• Many jurisdictions prohibit chases due to the

violence it causes to the innocent general public

• DUI Roadside Safety Checks?• The Supreme Court lifted it’s “probable cause”

requirement in this one situation due to the bloodshed on the nations highways.

Possible Discretionary Issues

• Do police patrol the communities without bias?

• Do police enforce the laws without bias?

• Do police enforce the laws over one group of people and not another?

Discretion – Professional Courtesy

• Professional Courtesy• Is it right? Is it wrong?• Do other occupations use Professional

Courtesy?• Is it okay to not give other police officers or

their family members tickets for minor traffic laws, speeding, stop signs, red lights, etc?

• Is it okay for some professions to receive professional courtesy over other professions?• Example – Nurses, Doctors, Judges, States

Attorneys?

Public Corruption

• Is it Prevalent?

• Is it just the Big City only?

• Does it happen in Small towns too?

• Can it be just the Federal Government?

Public Corruption

• Illinois• Rod Blagojevich– Governor indicted• George Ryan – Governor convicted• Mayor Daley – Chicago Mayor & his City Council• Todd Stroger – Cook County Board President

Indictment after indictment. A great deal of public corruption and humiliation – all around the country, county’s and cities.

Public Corruption

• What is the Public Recourse?• What can we do as Citizens?• Vote the subject out?• Conviction?• Intolerance?

The “Slippery Slope”

• Does it all really start with a “Free Cup of Coffee”?

• Why is getting a free meal such a big deal?

• Does a Free Coffee/Discounted Meal lead to a life of unethical behavior in police work?

• Are all those police officers that have taken a free cup of coffee and/or a free/discounted meal – corrupt????

Corruption

• Two categories of Corruption: Please define the difference

- Meat-eaters?

- Grass-eaters?

Next Week

The War

on Drugs