1. Police discretion refers to the authority of law enforcement officers to make decisions based on their own judgment and interpretation of the law, rather than strictly adhering to predetermined rules or procedures. It is the power given to police officers to decide when and how to enforce the law and handle different situations.

The use of discretion by police officers is crucial in the criminal justice system as it allows them to adapt to unique circumstances, exercise mercy, show empathy, and maintain community relations. However, the exercise of police discretion is not without controversy, as it can also lead to potential abuse or bias.

There are several factors that influence police discretion. These include the seriousness of the offense, the demeanor and attitude of the offender, departmental policies, legal requirements, available resources, community pressure, and the discretion exercised by other criminal justice officials (such as prosecutors). Police officers may choose to give a verbal warning, issue a citation, make an arrest, or even use force depending on the situation.

2. Internal controls of police discretion refer to the mechanisms within the police department itself that seek to regulate and limit the exercise of discretion by officers. These controls are usually designed to ensure consistency, transparency, and accountability. Examples of internal controls include:

a) Standard Operating Procedures (SOP): Police departments often have SOPs that provide guidelines and instructions to officers on how to handle various situations. These SOPs outline the appropriate actions to be taken by officers, ensuring a level of consistency in their decision-making.

b) Training and Education: Continuous training and education programs help to reinforce departmental policies and ensure that officers are aware of the legal boundaries within which they must operate. By providing knowledge and skills, these programs aim to influence the decision-making process of officers.

c) Supervision: Police officers are supervised by higher-ranking officers who are responsible for overseeing their actions. Supervisors review and evaluate the decisions made by officers, offering guidance, feedback, and correction to ensure that their use of discretion aligns with departmental policies and legal requirements.

On the other hand, external controls of police discretion refer to mechanisms outside the police department that seek to regulate and influence the exercise of discretion. Examples of external controls include:

a) Legislative and Policy Oversight: Laws, regulations, and policies are created by legislatures and government bodies to establish guidelines and boundaries for the exercise of police discretion. These external controls provide a framework within which officers must operate.

b) Judicial Review: Courts and judges play a crucial role in reviewing the actions of police officers, ensuring that their decisions adhere to constitutional rights and legal standards. Judicial review acts as an external control that holds law enforcement accountable for their exercise of discretion.

c) Civilian Oversight Boards: In some jurisdictions, civilian oversight boards are established to represent the interests of the community and provide an external perspective on policing practices. These boards can review complaints against officers and make recommendations for disciplinary actions or policy changes.

Both internal and external controls of police discretion aim to strike a balance between allowing officers to exercise discretion in the interest of justice and ensuring that their actions are fair, consistent, and accountable. The goal is to maintain public trust and confidence in law enforcement while upholding the principles of individual rights and equal treatment under the law.

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