CRIM 3655 Lecture Notes - Lecture 3: Ibm System R, Homicide, Police Misconduct
Document Summary
Myths constitute realities and penetrate common sense (gusfield, 1981). Scc argued that there is police discretion; however, they don"t know what it is or what the guidelines are. To look at discretion, look at everyday police work how they negotiate their judgments. When they judge someone as suspicious or non- suspicious. In the public domain police do not have access. They can"t do anything because of the charter: charter says law should be applied equally. Charter provisions s 24; s 15(i) extra-legal factors. Within the law, you must justify it legally with discretion the police invoke the law to prove that they didn"t discriminate. Yick wo v. hopkins (118 u. s. 356,1885) us s ct regarding the equal protection clause of the. Discretion is autonomy of decision making independent of legal constraint, although not. Independent of other constraints embedded in the culture and organization of policing. Usually they will if the dispatch or superior officers want them involved.
