Description
DISCUSSION QUESTIONS:
1. Given the potential for bias, do you think there should be additional measures taken to limit discretion as much as possible If so, what If not, why
2. It is clear that citizens views of the police can influence how effective the police can be in their respective tasks. Discuss how a country that has struggled with a history of police corruption can convince citizens of newly pledged trustworthiness
Chapter 4 – Justice Without Trial
Chapter Four of Justice Without Trial introduces the concept of discretion in policing and while there is both delegated and unauthorized discretion, this section focuses on the former. To begin this discussion, Skolnick uses parking meter violations to point out that even in the most mundane and mechanic processes, discretion cannot be entirely eliminated. From the officer who issues the citation to the warrant officer whose job it is to track down those in violation of failing to pay fines, opportunities for discretion can be found, even though the less automated the task, the more discretion that is introduced.
Skolnick also discusses how racial bias impacts the use of discretion. He argues that even in well respected, high-functioning police departments, racial bias exists. In many cases, individual officers will acknowledge they feel differently about African Americans than Caucasians, more negative. Some attribute this to a reaction to how they are viewed in black communities and thus, not their fault. However, Skolnick points out that this is an acknowledgement of an emotion, which is seen as very different from being biased, which is considered a more judgmental and accusatory term. This is an important distinction to Skolnick, who argues that police use all forms of stereotypes as a result of their working environment and the us vs them mentality it engenders. He suggests that officers will freely admit their dislike of someone in truthful disclosures, but will adamantly assert that this has nothing to do with how they conduct their jobs.
To demonstrate the above point, Skolnick turns to the role of warrant officers, whose productivity is measured by the number of warrants cleared. However, it is not required that warrants be cleared via arrest. Departments often allow officers to use their discretion based on the defendants ability to post bail on the spot and most commonly, only individuals considered at a high risk of disappearing will be arrested.
The assessment of risk is made using the factors of gainful employment and stability of residence. Since African Americans are less likely to maintain stable residences or be gainfully employed, and are more likely to be viewed as a poor risk due to the lack of economic resources, officers are less likely to allow them time to raise bail prior to arrest. However, Skolnick noticed officers responding more favorably to African Americans who demonstrated stability through occupational and residential stability. The exception to this rule appeared to be women, especially those with children, who were given more latitude by officers regardless of race.
The amount of hostility between police and African Americans varies based upon the officers assignment within the department. Uniformed officers show and are shown more hostility due to their conspicuousness, an issue which plainclothes officers do not face.
Skolnick concludes the chapter by pointing out that uncooperative individuals, or those who make the officer work harder to apprehend them, will be treated equally roughly irrespective of race.
Chapter 4 – Comparative Policing
Mexico has a history of struggling with establishing a strong rule of law. The country has appeared to be motivated and have the capacity to make improvements in policing and accountability. However, time and time again, Mexico continues to confront challenges within the prevailing patronage-based political system and fractured federal government system. Furthermore, Mexico is in a difficult situation where they are torn between protecting civil rights and provided citizens security. To combat these issues, Mexico has reformed much of their police organizations to unify them, increase accountability and improve police effectiveness.
Nonetheless, Mexico is struggling with corruption within their police organizations which makes it difficult to have a successful reform. It has been discovered that officers, or others higher up in their policing agencies, have been involved in illegal activity. Corruption in policing makes it difficult for society to trust officers, which in turn, results in the lack of public confidence. This challenge is important to address if Mexico wants to strengthen their rule of law and gain the confidence of citizens. Thus, it is necessary to make changes to the department in order to prevent other acts of corruption. Mexicos solution to corruption within a police organization is to reorganize which is usually done by renaming, reorganizing, and/or reconstituting a particular organization. Though this is a viable solution, it is difficult for changes to be made quickly and effectively in the Mexican system.
Despite the numerous reforms, Mexico still struggles with a variety of institutional problems. Ineffectiveness among Mexican police forces has been very enduring, partly because of poor performance, the lack of public trust, and the lack of resources. Official corruption is rampant within the police and common to the practice of policing in Mexico. One prevalent reason is that the average patrol officers in Mexico City earn an insufficient salary to support their families, making them susceptible to opportunities to earn additional money to augment this. Another issue is the Mexico police forces lack proper training, preparation and institutional support to fix many of these problems. Because of these challenges, the private security market has grown significantly in recent years. In sum, the Mexico police force must function efficiently and fairly for the judicial system to do the same. These systems are important to the country, and in order to regain the country’s trust, corruption and incompetent police forces must be properly trained to combat organized crime. This path will restore public confidence and legitimized democracy.
References
Haberfeld, M. R., & Cerrah, I. (2008). Comparative policing: The
struggle for democratization. Los Angeles: Sage Publications.
Skolnick, J. (2011). Justice without trial: Law enforcement in democratic society (4th ed.). Quid Pro Books: New Orleans, LA.
DISCUSSION QUESTIONS:
1. Given the potential for bias, do you think there should be additional measures taken to limit discretion as much as possible If so, what If not, why
2. It is clear that citizens views of the police can influence how effective the police can be in their respective tasks. Discuss how a country that has struggled with a history of police corruption can convince citizens of newly pledged trustworthiness