Final answer:
Police discretion involves officers taking into account various circumstances when deciding on an arrest, with a foundational emphasis on probable cause. Discrimination and disparities in law enforcement practices have been highlighted, affecting outcomes during different stages of the legal process. The presumption of innocence is a key tenant, though it can be influenced by media portrayals.
Step-by-step explanation:
Police discretion is used when deciding who will be arrested by taking into account the circumstances. This approach allows officers to consider various factors, such as the nature of the crime, the behavior of the suspect, and the immediate context. The requirement of probable cause is essential when arresting someone without a warrant, which is usually permissible if the person is suspected of a felony and the officer has probable cause. Less severe crimes witnessed by the police can also lead to an arrest without a need for a warrant.
According to standards within the criminal justice system, encounters with law enforcement are defined by the balance between the authority of the police and the rights of individuals. Criminal Justice: Theory Meets Practice delineates how a person charged with a crime undergoes various hearings including the initial one to inform them of their charges, their right to counsel, and to enter a plea.
However, it is also evident from studies in The Economics of Discrimination that there are significant concerns regarding disparities and discrimination in these processes. For instance, traffic stops may reveal racial bias, and sentencing practices may discriminate against individuals based on race, gender, education, and income status.
Furthermore, the right to be presumed innocent until proven guilty is foundational, yet public perception can often be influenced by media portrayals, such as the infamous "perp walk". In essence, police discretion and the legal processes following an arrest involve a complex interplay between law enforcement practices, legal rights, and societal perceptions.