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You're a police officer on patrol in a small town in northern Indiana. The time is 11:30 pm, and the speed limit is 35 mph. You notice an older car traveling at 45 mph and decide to make a traffic stop. The driver is a young lady with a small child in an old car seat in the back. You notice the young lady seems tired and stressed, but she is cooperative and apologizes for her speed. She says she just

got off work as a server at a local restaurant and picked up her child. After further inspection, you notice the child (just over 1 year
old) is not properly restrained in the car seat. The young lady admits the car seat is a hand-me-down and is 20 years old. The straps
are showing signs of wear and are not properly positioned around the child.
Given everything that you know about the scenario, what would you do?

. Would you give a citation? Or a warning? Why?

• Is there anything you can do to help the young lady?
.
. What is an ethical use of police discretion in this situation?

1 Answer

4 votes

Answer:

In this scenario, as a police officer, you would need to consider both the legal and ethical aspects of your decision-making. Here's a suggested course of action:

Evaluate the Traffic Violation:

The driver was traveling at 45 mph in a 35 mph zone, which is a clear traffic violation. However, consider the circumstances, including the driver's fatigue and stress, when making your decision.

Assess the Child's Safety:

It's crucial to prioritize the safety of the child. The car seat is old, shows signs of wear, and is not properly restraining the child. This is a serious safety concern.

Use Police Discretion Ethically:

Ethical use of police discretion means considering the specific circumstances and making decisions that promote both justice and public safety. In this case, the ethical use of discretion might involve the following steps:

Ensure the Child's Safety: Emphasize the importance of child safety and properly restraining the child in a suitable car seat. Offer assistance and guidance on how to correctly secure the child. If possible, recommend resources for obtaining a safe car seat.

Issue a Warning: Given that the driver is cooperative, stressed, and apologetic, you may choose to issue a warning for the speeding violation, provided it's not a habitual or reckless behavior. Explain the importance of obeying traffic laws and ensure the driver understands the consequences of future violations.

Document the Incident: Document the encounter, including the condition of the car seat and any actions taken. This documentation can be valuable for follow-up or reference in case of future incidents.

Provide Assistance:

Offer assistance or information about community resources that can help the young lady acquire a safe and suitable car seat for her child. Some communities have programs or organizations that provide car seats to low-income families.

Follow Up:

Consider following up with the young lady after a reasonable period to ensure she has taken steps to address the car seat issue and is driving safely.

Exercise Empathy and Compassion:

Approach the situation with empathy and compassion, recognizing that the driver may be facing challenging circumstances. Offer guidance and support rather than solely punitive measures.

Ultimately, the goal should be to balance enforcing the law with ensuring the safety and well-being of the child. An ethical use of police discretion in this situation involves addressing the immediate safety concern while providing education and resources to help prevent future violations and safeguard the child's welfare.

Step-by-step explanation:

User Gyan Parkash
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