초록

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Abstract ▼ AI-Helper

Two major views of the role of the police exist. One is the police are crime fighters concerned with law enforcement(crime fighting), the other is the police are order maintainers concerned with keeping the peace and providing social services to the community(order maintenance). The police have hist...

Two major views of the role of the police exist. One is the police are crime fighters concerned with law enforcement(crime fighting), the other is the police are order maintainers concerned with keeping the peace and providing social services to the community(order maintenance). The police have historically overemphasized their role as crime fighters and played down their more common work as keepers of the peace and providers of social services, simply because our society proffers rewards for crime fighting but cares little for the peace-keeping and providing services. The proper control of discretion is one of the major challenges facing police today. But police discretion is an extremely necessary part of police work. If we define police discretion is a effectiveness limit in course of making a choice among some alternatives of police action, We have to approve police officer"s rational decision for prove effectiveness of police discretion. There are several reasons why the police exercise discretion. If the police attempted to enforce all the laws all the time, they would be in the station office all the time and would not be on the street maintaining order. Because of political realities, legislators pass some laws that they do not intend to have strictly enforced all the time and they pass some laws that are vague, ill-defined, making it necessary for the police to interpret these laws and decide when to apply them. Moreover, most violations of the law are minor, for example traffic violations, and do not require full enforcement. So the complete enforcement of all the laws all the time would alienate, overwhelm the public from the entire criminal justice system. The police officer is genarally the first decision maker in the criminal justice system and is often the most important. It is essential to review the nature of police discretion, to control police discretion properly by judicial system. The nature of police discretion is executing discretion. In this paper, I"d like to review American established judicial precedents of leading case to control police discretion. Especially to control police discretion is the most important procedure to realize equality under the law.

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