Kara Sears
Police officers are granted discretionary powers to choose whether or how to punish a person who has violated the law. This is known as selective enforcement and is usually considered a legal abuse if used with bias. However, in some cases, selective enforcement may be desirable, such as when a verbal warning is sufficient to alter a person's behavior without resorting to legal punishment. While police officers have some discretion in how they enforce the law, they are expected to enforce all laws and not pick and choose which ones to uphold. The public expects law enforcement officials to respect and protect human dignity and maintain and uphold the human rights of all persons while enforcing the law.
| Characteristics | Values |
|---|---|
| Selective enforcement | Police officers can exercise discretion in choosing whether or how to punish a person who has violated the law |
| Abuse of power | Biased use of enforcement discretion, such as racial prejudice or corruption, is considered a legal abuse |
| Discretionary prosecutions | Some countries follow the opportunity principle, where prosecutions are discretionary, while others follow the legality principle, where prosecutions are mandatory |
| Prosecutor independence | In some countries, prosecutors operate independently with more discretion, while others work in a hierarchical system with more conformity |
| Desirability | Selective enforcement may be desirable in some cases, such as giving a verbal warning to a teenager to alter their behavior without legal punishment |
| Community service | Law enforcement officials are expected to serve the community, including assisting members in need, regardless of their criminal liability |
| Human rights | Law enforcement officials should respect and protect human dignity and uphold human rights as defined by national and international law |
| Corruption | Law enforcement officials must not engage in any act of corruption and should oppose and combat such acts |
| Use of force | The use of force, including firearms, should be proportional and only used when necessary, especially avoiding the use of firearms against children |
| Reporting violations | Law enforcement officials should report violations within the chain of command and take lawful action outside the chain when no other remedies are available |
| Administrative protection | Officials reporting violations should not suffer administrative or other penalties for doing so |
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Police discretion
For example, a police officer may choose to issue a verbal warning for a minor traffic violation rather than issuing a fine or making an arrest. This type of discretion is often used as a way to promote flexibility and practicality in law enforcement, allowing officers to focus their time and resources on more serious or pressing matters. However, when used inappropriately, selective enforcement can lead to abuse and a threat to the rule of law.
Biased use of enforcement discretion, such as that based on racial prejudice or corruption, is considered a legal abuse. To maintain the integrity of the justice system, law enforcement officials are expected to uphold human rights, respect national and international laws, and rigorously oppose and combat acts of corruption. The use of force by law enforcement officials is also restricted by national law, which emphasizes the principle of proportionality.
In addition, law enforcement officials are expected to report violations within their chain of command and, if necessary, take lawful action outside of their chain of command when no other effective remedies are available. This balance between internal discipline and addressing violations of basic human rights is crucial to maintaining public safety and trust in law enforcement agencies. Ultimately, while police discretion is an inherent part of law enforcement, it must be exercised within a framework of ethical and legal obligations to ensure fairness and equality before the law.
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Corruption
While police officers do have some discretion when it comes to enforcing laws, they are not supposed to choose which laws to enforce. In some cases, selective enforcement may be considered a legal abuse and a threat to the rule of law, especially if the discretion is biased or based on corrupt practices. Corruption, in particular, is incompatible with the profession of law enforcement officials. The Code of Conduct for Law Enforcement Officials by OHCHR states that law enforcement officials shall not commit any act of corruption and shall rigorously oppose and combat all such acts. Corruption is defined as the commission or omission of an act in connection with one's duties in response to gifts, promises, or incentives. Governments must enforce the law against their own agents and within their agencies to maintain credibility and uphold the law among citizens.
Police officers are expected to serve the community and assist those in need, regardless of personal, economic, or social emergencies. They are also responsible for upholding human rights and maintaining human dignity while performing their duties. The use of force by law enforcement officials is restricted by national law and the principle of proportionality, which aims to balance public safety and the protection of human rights.
However, it is important to note that selective enforcement may be desirable in certain situations. For example, a verbal warning may effectively correct a teenager's behavior without resorting to legal punishment. Law enforcement officials are also expected to report violations within their chain of command and take lawful action outside the chain of command if no other remedies are available or effective. While they have some discretion, police officers are ultimately responsible for enforcing the laws of the city, county, state, and country they serve, and they are not supposed to pick and choose which laws to uphold.
In conclusion, while police officers may exercise some discretion in enforcing laws, they must do so without bias or corruption. Corruption is a serious issue that undermines the credibility of law enforcement and the government. By upholding ethical standards and serving the community impartially, law enforcement officials can maintain the trust of the public and ensure that justice is served fairly and equally.
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Human rights
The authority vested in law enforcement officials to use force is derived from the duty of the state to maintain public order and ensure human rights and the rule of law. This use of force can be necessary for the protection of life, health, and public safety. International human rights law is the international legal framework regulating the use of force by law enforcement, and it is designed to prevent arbitrary, excessive, or discriminatory uses of force, and to ensure accountability in cases of abuse.
The Code of Conduct for Law Enforcement Officials by OHCHR states that law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons. The human rights in question are identified and protected by national and international law. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Standard Minimum Rules for the Treatment of Prisoners are some of the relevant international instruments.
In the context of police misconduct, the United States Department of Justice (DOJ) enforces laws that address violations of human rights. These laws cover the actions of state, county, and local officers, as well as federal law enforcement officers, and protect all persons in the United States, regardless of citizenship. The DOJ can bring criminal or civil cases against accused persons or governmental authorities and law enforcement agencies. In criminal cases, the DOJ seeks to punish wrongdoers through imprisonment or other sanctions, while in civil cases, the focus is on correcting the policies and practices that led to the misconduct and providing individual relief to victims.
Instances of selective enforcement, where police officers selectively punish violators of the law, can undermine the fundamental principles of justice and equality. Biased enforcement discretion, such as that based on racial prejudice, is considered a legal abuse and a threat to the rule of law. However, in some cases, selective enforcement may be inevitable or desirable, such as when police officers issue verbal warnings for minor offenses or focus on the most flagrant examples of reckless driving due to practical limitations.
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Use of force
In law, selective enforcement occurs when police officers exercise discretion in deciding whether or how to punish a person who has violated the law. While this discretion can be abused and lead to threats to the rule of law, it is also important for police officers to have some level of flexibility in their decision-making. This is especially true when it comes to the use of force, as there may be situations where a verbal warning or other non-violent means of conflict resolution can be used instead of resorting to force.
The use of force by law enforcement officials is governed by a set of basic principles, including the protection of the right to life, liberty, and security of individuals as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Law enforcement officials may use force only when it is strictly necessary and proportionate to the performance of their duty. They are required to exercise restraint and minimize damage, respecting and preserving human life.
To ensure that law enforcement officials use force appropriately, governments and law enforcement agencies should provide comprehensive training and testing in accordance with proficiency standards. This training should cover police ethics, human rights, and alternatives to the use of force, such as peaceful conflict resolution, understanding crowd behavior, and methods of persuasion, negotiation, and mediation.
In the United States, the leading case on the use of force by law enforcement is the 1989 Supreme Court decision in Graham v. Connor. The Court held that all claims of excessive force by law enforcement officers should be analyzed under the Fourth Amendment's objective reasonableness standard. This means that the reasonableness of force used by an officer is judged from the perspective of a reasonable officer on the scene, taking into account the totality of the facts and circumstances.
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Selective enforcement
In some cases, selective enforcement may be deemed desirable. For instance, a verbal warning may be sufficient to correct a teenager's behaviour without the need for legal punishment. This approach can also help reduce the burden on the criminal justice system. However, biased use of enforcement discretion, such as that based on racial prejudice or corruption, is typically viewed as a legal abuse and a threat to the rule of law.
The Code of Conduct for Law Enforcement Officials, outlined by the OHCHR, provides guidelines for the behaviour of law enforcement officials. According to the Code, law enforcement officials must respect and protect human dignity and uphold human rights, as defined by national and international law. They are also expected to serve the community, particularly those in need of immediate assistance due to personal, economic, or social emergencies.
The Code of Conduct also addresses the use of force by law enforcement officials. It states that national law typically restricts the use of force based on the principle of proportionality. Firearms, in particular, are considered an extreme measure and should generally be avoided, especially when children are involved. If a firearm is discharged, a prompt report must be made to the competent authorities.
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Frequently asked questions
No, police officers do not have the authority to choose which laws to enforce and which to ignore. They are elected or hired to enforce the laws of the city, county, state, and country. However, they do have some discretion in choosing whether or how to punish a person who has violated the law.
Selective enforcement occurs when government officials, including police officers, exercise discretion in deciding whether or how to punish someone who has broken the law. This discretion can be abused and lead to threats to the rule of law, especially when based on biases like racial prejudice or corruption.
National law restricts the use of force by law enforcement officials based on the principle of proportionality. The use of firearms is considered an extreme measure and should be avoided, especially against children. Firearms may be used when a suspected offender poses an armed threat or endangers the lives of others, and less extreme measures are insufficient.
Law enforcement officials are responsible for providing assistance and ensuring the safety of all community members, especially those in need due to personal, economic, or social emergencies. They are duty-bound to respect and protect human dignity and uphold human rights as defined by national and international law.
Corruption by law enforcement officials is considered an abuse of authority and is incompatible with their profession. Governments must enforce the law against corrupt officials to maintain credibility in enforcing the law among citizens. Acts of corruption include the commission or omission of acts in connection with one's duties due to gifts, promises, or incentives.
