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Police Discretion and Excessive Force: Sample Annotated Bibliography

Police Discretion and Use of Excessive Force by Police Officers

Ariel, B., Sutherland, A., Henstock, D., Young, J., Drover, P., Sykes, J., … & Henderson, R. (2016). Report: increases in police use of force in the presence of body-worn cameras are driven by officer discretion: a protocol-based subgroup analysis of ten randomized experiments. Journal of Experimental Criminology, 1-11.

The article explores the effect of the body cameras that are worn by the police and their effectiveness in recording instances of excessive use of force by the police during law enforcement. Arieltries to evaluate the officer discretion to activating the body-worn cameras as they conduct their duties. The author uses criteria of establishing the integrity of the police officers by establishing groups through which officer complied to the use of the body-worn cameras to record excessive use of force by the policy officers during their operations. The study establishes that when police officers comply with protocol and do not use discretion, the rate of excessive force usage drops by 37%. When they do not comply, the rate of force usage rises to 71%. The author has backed the findings of the study with relevant literature on instances that are necessary for police officers to reduce excessive use of force while on duty. The resource is relevant for the study because it provides reliable data through body-worn cameras for police officers to engage in non-compliant behavior while on duty.

Police Discretion and Use of Excessive Force by Police Officers

Atherley, L. T., & Hickman, M. J. (2014). Controlling use of force: Identifying police use of excessive force through analysis of administrative records. Policing, pau003.

The article analyzes the use of force by police officers and its effective control. The code of conduct for the police allows the police to use minimal force to enforce law and order. However, police use excessive force on several instances leading to the public harm. The author provides a solution on how administrators can effectively distinguish between excessive use of force and the minimal use of force, which is required.

The author provides a critical analysis on hoe excessive force can be avoided by police officers making the article a significant resource for the project. The article uses extensive literature to on police use of force to from credible sources. It is well organized with clear objectives making it easy to access useful information from article.

Police Discretion and Use of Excessive Force by Police Officers

Beckett, K. (2016). Uses and Abuses of Police Discretion: Toward Harm Reduction Policing, The. Harv. L. & Pol’y Rev.10, 77.

The article evaluates if the use of discretion by the police is unavoidable and its impact in the police force on missions involving war on drugs and disorder. The author argues that it is not possible to eradicate police discretion but it is possible for the police to respond to low risk and less disorderly situation with minimal force to reduce harm and ensure public safety.

As a professor in law, justice and social program, Beckett understands that the inevitability of police discretion gives the police officers power to interpret the law as it as it would apply to misdemeanor crimes and decides if the use of force is legitimate. The author, therefore, argues that there is A sample need to develop policies on police discretion to reduce use of excessive force. The author has backed her argument citing various examples on policy efforts directed to directing police discretion of the war on drugs and the broken window policing. The article is relevant for the current study because it provides elaborate information on shaping police discretion in a well researched, descriptive and well-organized manner.

Police Discretion and Excessive Force by Police Officers

Bronitt, S. H., & Stenning, P. (2011). Understanding discretion in modern policing. Criminal Law Journal35(6), 319-332.

The article discusses the role of discretion on the modern policing. The authors refine the scope and the limit of police discretion in the modern concept analyzing the evolution of the police discretion and challenges that it faces currently. The author argues that the police have the responsibility to enforce the law fairly and impartially.

The authors review recent case in Canada to support their argument on the scope and the meaning of police discretion and the tensions as well as the laws that govern the police officers in exercising discretion. This makes the article a useful resource for the project as it provides well-researched and organized information from credible sources to understand the police discretion.

Police Discretion and Excessive Force by Police Officers

Bruce, D. (2011). Beyond Section 49: control of the use of lethal force. South African Crime Quarterly36, 3-12.

The article discusses the use of lethal force by police in South Africa in 2011. As one of the countries where excessive use of force is common, Bruce notes of the urgent need on reviewing the country’s laws to reduce the serious consequences that result from use of excessive force in their duty. The author cites incidences where use of excessive force by the police left several people in a 2011 demonstration. The author further notes 1092 people were killed from 2008 to 2009. There is therefore a need to create a force policy to guide the excessive use of force by police officers.

Bruce argument is relevant to the study because it provides a well-researched and reliable insight on the consequences of excessive force, which emphasizes on the urgent need to create force policies to control excessive of force by police officers. In addition, the article provides additional information on political motivation to use of lethal force creating which may influence the creation of such force policies.

Police Discretion and Excessive Force by Police Officers

Carrington, P. J., Schulenberg, J. L., Brunelle, A., Jacob, J., & Pickles, I. (2003). Police discretion with young offenders. Ottawa: Department of Justice Canada.

The report article evaluates on the aspects on decision making on use of police discretion on the youth offenders. The article provides information on the police discretion when dealing with youth offenders through interviews police officers on the various levels or units of the police organization. The article provides crucial information to understand the main areas through which police discretion is applied in relation to the youth offenders.

The authors have provided a various reasons through which police officers can exercise police discretion in dealing with youth crime collected from a collection credible data sources, which include of interviews, documentations, surveys and statistical data making it relevant for this project. In addition, the article also discusses the how environmental factors like the nature of the community or ethnicity can influence a police officer’s decisions making when exercising police discretion leading to a biased decision which  may have  fatal consequences.     

Police Discretion and Excessive Force by Police Officers

Chappell, A. T., MacDonald, J. M., & Manz, P. W. (2006). The organizational determinants of police arrest decisions. Crime & Delinquency52(2), 287-306.

The article evaluates various factors that are considered by police officers while making arrest decisions. It is based on an observational social research that findings indicate that environmental factors plays a significant role in influencing a police officer’s  decision to arrest as suspect. These environmental factors include seriousness of the offense, the suspects’ race, the request made by the victims among others. The author discusses on the organization context and the behavior of the police officers. 

The article elaborates the role of police discretion in administration of justice considering the significant influence of environmental factors on a police officer’s decision to make an arrest. The article is an essential resource for the project because it provides a correlation on police discretion, the environmental factors, and its influences to the offender.

Police Discretion and Excessive Force by Police Officers

Gerstein, C., & Prescott, J. J. (2015, April). Process Costs and Police Discretion. In Harvard Law Review Forum (Vol. 128, pp. 268-88).

The article analyzes the debate on police discretion focusing on the minor offences. The authors argue that since the police decide on how the law applies for the case of the offenders, accused individuals are subjected to long legal processes, arrests and detentions, which are indentified as process costs. According to the article, much of the debate surrounding the police discretion focuses on the proper scope of where the police should exercise discretion especially on minor crimes. However, the authors argue that the focuses should rather be based on the process costs, which are incurred by offenders because of an officer’s inappropriate use of police discretion on minor crimes. The consequences include overcrowding jails, creating criminal records as police maintain public order

Citing various incidences, which police discretion if often misused by police in minor crime and quoting accurate statistics on the number of Americans who are affected by lack of policies to guide the excise of police discretion, the article is an essential resource for the project. In addition, it is well researched and organized making it easy to access information when using it as a research resource.

Police Discretion and Excessive Force by Police Officers

Liebling, A. (2000). Prison officers, policing and the use of discretion. Theoretical Criminology4(3), 333-357.

Police discretion is not only applicable to the work of regular police officers but also prison officers. The article discuses the role of discretion and its applications in distributing privileges in the prison. Based on the findings of an observations research project in a maximum-security prison, the author discusses the challenges and the problem that arise using the policy in prisons. The author indentifies various problems that result in exercise of police discretion which include influence of relationships and coercion rather than fairness of the rule following when distributing privileges.

The author has use credible research literature to support his argument on how police discretion is inappropriately used to a reward system rather than follow the rule compliant system in prisons. The article is a useful resource for the project because it provides critical and reliable information in understanding the shortcomings of the police discretion when applied in different environment that than the regular police.

Police Discretion and Excessive Force by Police Officers

Parry, J. T. (2008). Rights and Discretion in Criminal Procedure’s’ War on Terror’. Ohio State Journal of Criminal Law6(1), 2009-1.

The article discusses the critical application of police discretion when applied in sensitive police operations like war on terror. The authors evaluate two cases that are based on use of excessive force and police discretion. The two cases are the Tennessee vs. garner and the bus sweep cases. Based on the two cases, the parry analysis the flexibility under which the police can exercise police discretion and the limits through which excessive force can be applied even in critical police operations.

Despite the much criticism given on the Supreme Court’s decision on the two cases, the author argues that some other factors like the affairs of the state are prioritized over individual rights. The article is very resourceful for theproject because it provides reliable cases studies through which policediscretion and excessive use of force can be evaluated.

Police Discretion and Excessive Force by Police Officers

Prenzler, T., Porter, L., & Alpert, G. P. (2013). Reducing police use of force: Case studies and prospects. Aggression and Violent Behavior18(2), 343-356.

The article is a case study on when the use of minimumforce as allowed by the police codes of conducts when enforcing the law can besaid to be misused. The authors argue that although the police are allowed to reduce minimum force, lack of limits through which such force can be applied has turn created major problem in many countries when the force has been used excessively. The article analyzes credible relevant literature to identify case study reports to obtain information to propose strategies through which police organizations can reduce use of excessive power when maintaining law and order.

Some of the strategies identified in the article are individual, cultural and organizational Written by experienced security experts, the article is a useful resource for the project because it provides reliable information on strategies that can be applied to reduce excessive use of power by police officers while on duty. The authors have also noted practical considerations through which the findings of the research can be applied as well as provided limitations of the study and suggestions for future research.

Police Discretion and Excessive Force by Police Officers

Sherman, L. W. (1984). Experiments in police discretion: Scientific boon or dangerous knowledge?. Law and contemporary problems47(4), 61-81.

The article discusses scientific experimentation that can be applied in revolutionizing police discretion. The author notes the consequences associated with A sample exercise of police discretion is due to ignorance by the police officers and argues the science can be effectively applied to guide police discretion. According to the author, application of science can direct the police on when not to act on police discretion if their actions are more likely to bring harmful consequences than benefits.

According to the article, there are specific guidelines that the police require when exercising discretion that can be controlled scientifically especially for urban cities. The article is a useful resource for the project because it provides a different approach through which inappropriate exercise of police discretion can be controlled. The author has backed his argument with the relevant literature and applicable models making the article a credible source for the project.

Police Discretion and Excessive Force by Police Officers

Bezuidenhout, P. C. (2011). Reducing crime in South Africa by enforcing traffic laws: a’ broken windscreen ‘approach. Journal of the South African Institution of Civil Engineering53(1),33-38.

The article discusses the impact of enforcing aggressive law enforcement strategy in reducing the rate of crime. The article has referred to various cases where good policies have played a significant role in bringing down the rates of crime especially that involve the community and training on the police on being pro-active in various crime prevention strategies. The author refers to the broken window policy to demonstrate how every person can play a role in crime prevention.

The article discusses an alternative approach to using excessive force to reduce the rate of crime making it a useful resource for the project. In addition, the article also discusses distinguishes zero tolerance and the broken window and how the later has succeeded in controlling crime. The article is well researched and organized.

Police Discretion and Excessive Force by Police Officers

Telep, C. W. (2008). The Impact of Higher Education on Police Officer Attitudes Regarding Abuse of Authority. ProQuest.

The article reviews the major of higher education to police officers in making critical judgment son excessive use of force. The author notes that the police attitudes significantly change and rarely abuse policy authority for officers who have a higher college degree, the article is based on nationally representative survey findings, which indicate that a college degree is important in helping offers change their attitudes on the excessive use of force. Based on the study, Telep proposes policies that police organizations can adapt to as a measure to reduce the rising cases of police use of force in their duties.

The article is well organized clearly articulating the research objectives, the findings of the study and the limitations of the study. This makes it a useful resource for the project as it provides crucial information on the correlation between college education and the excessive use of power by police officers. 

Police Discretion and Excessive Force by Police Officers

Zimmermann, B. L. (2011). Educational Level of Law Enforcement Officers and Frequency of Citizen Complaints: A Systematic Review.

The article is a systematic review that evaluates the level of education for police officers in relations to the complaints filed by citizens. The author discusses the relations between education level and the ability of the police officers to effectively discharge their duties especially in regard to the use of force and police discretion. According to the author, there is substantial empirical evidence to support that higher education plays a critical role in influencing a police officer’s altitude in against excessive use of force and inappropriate police discretion.

The article is well-organized using extensive relevant literature making it a useful resource for the project. The article comprises of detailed Meta analysis of organizations, published and unpublished studies providing a bulk of information that is useful for this project.

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