police Flashcards
what do the police do
protect and serve
Hill v Chief constable of west yorkshire
duty to protect public but no duty to protect the individual
the monopoly on force (the jurisdiction to legitimately use force)
non- negotiable co-oercion (police sometimes have the authority to use force for arrests)
police intervention
using the capacity and authority to overpower resistance to an attempted solution to a problem
Dworkins discression
pastry is legislation
the hole is the police discression to make judgement on force
example of police relying on discretion
stop and search- initially only needed reasonable suspicion
PACE code A
only remove outer clothing
cant stop and search if no power
reasonable suspicion for PACE
legal test
part1- formed genuine suspicion will found prohibited articles
part 2- objective bases
reasonable suspicion on peronal factors
not be based on personal factors
absent of intelligence
stop and search can be based on time, place and suspicious behaviour
solnicks working personality
police officers specifically trained to be suspicious to perceive events that indicate disorder
due process model
want a process that gives everyone the same opportunity for justice
crime control model
wants law enforcement to make crime stop
