FIRST PILLAR OF CJS: LAW ENFORCEMENT Page 18

MODULE II
LAW ENFORCEMENT
THE FIRST PILLAR IN THE ADMINISTRATION OF THE
CRIMINAL JUSTICE SYSTEM (CJS)

A. Module Description:

This module highlights the relationship of the Law Enforcement with the Criminal
Justice System, functions of law enforcement, related laws on law enforcement and the
different agencies under law enforcement. The Police image and police discretion will also
be tackled in relation to the administration of Criminal Justice System.

B. Learning Outcomes:

At the end of this module, the students should be able to:

1. Discuss the relationship of the Law Enforcement with the Criminal Justice
System.
2. Enumerate the different functions of law enforcement.
3. Explain the police discretion in the administration of Criminal Justice System.

A. RELATIONSHIP OF LAW ENFORCEMENT WITH THE CJS

The law enforcement as the first pillar is considered to be the “Initiator” or the “prime-
mover” of the CJS. It is considered as the initiator of the actions that other pillars must act
upon to attain its goal or objective. Some authors would state that without the police
initiating the action, the system would be at a standstill.

General functions of the Law Enforcement in relation to the administration of the CJS.

The following are the functions of the law enforcement, in general:

a. To prevent criminal behavior.
b. To reduce crime.
c. To apprehend and arrest offenders.
d. To protect the life and property.
e. To regulate non-criminal conduct

The following are some of the law enforcement agencies in the Philippines:
- PNP- Philippine National Police
- NBI- National Bureau of Investigation
- PCG- Philippine Coast Guard
- PPA- Philippine Ports Authority
- AFP- Armed Forces of the Philippines
- AMLC- Anti- Money Laundering Council
- PDEA- Philippine Drug Enforcement Agency

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- BI- Bureau of Immigration

- BOC- Bureau of Customs
- OMB- Optical Media Board
- IPOPHIL- Intellectual Property Office of the Philippines
- PAOCC- Presidential Anti- Organized Crime Commission
- PCTC- Philippine Center on Transnational Crime
- ATC- Anti- Terrorism Council
- NICA- National Intelligence Coordinating Agency
- BIR- Bureau of Internal Revenue
- OTS- Office of Transport Security
- MMDA- Metro Manila Development Authority
- SEC- Securities and Exchange Commission
- LTO- Land Transportation Office
- OSG- Office of the Solicitor General
- DOLE- Department of Labor and Employment
- BFP- Bureau of Fire Protection
- BJMP- Bureau of Jail Management and Penology
- POEA- Philippine Overseas Employment Administration
- NTC- National Telecommunication Commission
- CAAP- Civil Aviation of the Philippines
- DOF- Department of Finance
- OMBUDSMAN- Office of the Ombudsman
- IACAT- Inter-Agency Council Against Trafficking

NOTE: the PNP, NBI and BIR are premier law Enforcement Agencies in the Philippines tasked
to enforce criminal law.

B. PHILIPPINE NATIONAL POLICE

The police or law enforcers are the most visible representative of the government in the
society. Regarded as the initiators of the criminal justice system, the police are the society’s
first line of defense against crime and criminality. Police are agents or agencies authorized
to use force and other forms of coercion and legal means to effect public and social order.
The term is most regularly associated with police departments of a state that are empowered
to exercise the police power of that state within a defined legal or territorial area of
responsibility- that is enforce laws and decrees to ensure that the programs, interests and
concerns of the government will be implemented.
Police or law enforcement is the agency of a community or government that is
responsible for maintaining public order and preventing and detecting crime. The basic police
mission of preserving order by enforcing rules of conduct or laws was identical in ancient
societies as it is sophisticated urban environments.
The PNP was established by the enactment of R.A. 6975 otherwise known as the DILG
Act of 1990, reorganizing the Department of Interior and Local Government. It was approved
on December 13, 1990
Republic Act no. 8551, known as “The PNP Modernization Act of 1998” pave the way
to have national police that is civilian in nature and accountable to the public to who, it was
sworn to protect and to serve as it is the “policy of the state to establish a highly efficient and
competent police force which is national in scope and civilian in character administered and
controlled by a National Police Commission. The Philippine National Police (PNP) shall be a
community and service oriented agency responsible for the maintenance of peace and order

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and public safety. The PNP shall be so organized to ensure accountability and uprightness in
police exercise of discretion as well as to achieve efficiency and effectiveness of its members
and units in the performance of their functions.

Powers and functions of the PNP (under R.A. 6975)

- Enforce all laws and ordinances relative to the protection of lives and properties;
- Maintain peace and order and take all necessary steps to ensure public safety;
- Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders
to justice and assist in their prosecution;
- Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
- Detain an arrested person for a period not beyond what is prescribed by law,
informing the person so detained of all his rights under the Constitution;
- Issue licenses for the possession of firearms and explosives in accordance with the
law; and,
- Supervise and control the training and operations of security agencies and issue
license to operate security agencies, and to security guards and private detectives, for
the practice of their professions.
- Perform such other duties and exercise all other functions as may be provided by law.

C. NATIONAL BUREAU OF INVESTIGATION (NBI)

Aside from the PNP there are lot more law enforcement agencies in this jurisdiction
and one of this is NBI. It is likewise important to possess basic knowledge about this agency
to avoid confusion with the PNP.

Republic Act No. 10867 also known as “National Bureau of Investigation Reorganization
and Modernization Act”.

National Bureau of Investigation is an agency of the Philippine government under the

Department of Justice, responsible for handling and solving major high-profile cases that are
in the interest of the nation.
Policy: The Bureau shall promote and maintain an effective, modern, gender-responsive,
competent and highly trained investigative body, functionally integrated and national in
scope. Toward this end, the State shall formulate plans and programs to enhance and
modernize the National Bureau of Investigation (NBI), with expanded structure, capability
and manpower, responsive to the demands of the times.

D. CRIME DETECTION

Through crime, detection, the police are typically the first component of the justice system
to deal with the commission of the crime.

How is crime detected?

a. The most typical way that crime span to the attention of the police is for the victim to
report if occurrence to the police.

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b. A less typical way for the police to be advised of the crime is through the reporting of
someone who has witnessed its commission or has come upon evidence indicating
that the crime has been committed.
c. The police themselves, through their proactive routine operations discover that a crime
has been committed of witness its commission.

What is the most important part of crime detection?

An important part of crime detection may be the result of an aggressive police work.
Experienced police officer and detectives, sometimes concentrate their surveillance
operations and investigate efforts on person, situations, or places in which past experience
has taught them that criminal behavior is likely. Example, conducting a buy-bust operation.

What is buy-bust operation?

“Buy-bust operation” is also known in legal and police parlance as a form of

entrapment. This simply means that ways and means are resorted to by the police officers in
order to catch a law violator as distinguish from instigation wherein the police basically
induced the person into committing the crime.
In entrapment, the person caught by the police is criminally liable for the crime
committed; while in instigation, the person induced is not criminally liable, but the police
officer who induced the latter may be held criminally, civily and administratively liable.

E. ARREST AND SEARCH WARRANT

E.1. Arrest

Arrest refers to the taking of the person into custody in order that he may be bound to
answer for the commission of an offense. An arrest is made by an actual restraint of a person
to be arrested, or by his submission to the custody of the person making the arrest. (Sections
1 and 2, Rule 113)

No violence or unnecessary force shall be used in making an arrest. The person arrested
shall not be subjected to a greater restraint than is necessary for his detention (Section 2,
Rule 113)

The law prohibits unnecessary force or violence. However, if the employment of such force
or violence is necessary to secure the conduct of arrest or to secure the life or limb of the
person or other persons making the arrest, force is allowed.

Importance of arrest in the administration of CJS

Arrest is important in the administration of CJS because if the accused is not

arrested, the court will not acquire jurisdiction over his person unless the person voluntarily
surrenders himself to the authorities.

Under the law, the court cannot proceed with the trial with the person without his
presence or in absentia. This is in consonance with the constitutional requirement that the
accused must have the right to be heard and to be informed of the cause and accusation
against him.

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The only exemption, when the accused presence in court may not anymore be required
is when he has been identified by the witness and when the accused has already been
arraigned.

General rule in effecting an arrest

The general rule in effecting an arrest is simply to make an arrest only WHEN THERE
IS A WARRANT. The reason:

a. For the protection of the person making the arrest in order not be charged criminally
for violation of Art. 124 or Art. 125 of the RPC, and other related penal laws;
b. Also to preclude the filing of any civil and administrative charges against the arresting
officer.

Duties of arresting officers executing either a warrantless arrest or arrest with warrant

(a) To arrest the accused without necessary delay and to deliver him to the nearest police
station or jail.
(b) The officer shall inform the person to be arrested and of the fact that a warrant has
been issued for his arrest, except when he flees of forcibly resists before the officer has
the opportunity to so inform him or when the giving of such information will imperil the
arrest. The officer need not have the warrant in his possession at the time of the arrest,
but after the arrest, if the person arrested so requires, the warrant shall be shown to
him as soon as possible.
(c) To inform the person arrested about his rights under the Constitution and for the police
to observe the mandate of RA 7438.

Execution of warrant of arrest

The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days
after the expiration of the period, the officer to whom it was assigned for execution shall
make a report to the judge who issued the warrant. In case of his failure to execute the
warrant, he shall state the reasons therefor. (Section 4, Rule 113)

What is the exception to the general rule?

Rule 113, Section 5. Warrantless Arrest

The exception to the general rule is provided by the Revised Rules on Criminal
Procedures.
A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed
it; and

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(c) When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.

Time of making arrest. — An arrest may be made on any day and at any time of the day or
night. (Section 6, Rule 113)

Methods of arrest:

a. Method of arrest by officer by virtue of warrant. — When making an arrest by

virtue of a warrant, the officer shall inform the person to be arrested of the cause of
the arrest and of the fact that a warrant has been issued for his arrest, except when
he flees or forcibly resists before the officer has opportunity to so inform him, or when
the giving of such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
(Section 7, Rule 113)
b. Method of arrest by officer without warrant. — When making an arrest without a
warrant, the officer shall inform the person to be arrested of his authority and the
cause of the arrest, unless the latter is either engaged in the commission of an offense,
is pursued immediately after its commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him, or when the giving of such
information will imperil the arrest. (Section 8, Rule 113)
c. Arrest by Private person (Citizen’s Arrest)- When making an arrest, a private person
shall inform the person to be arrested of the intention to arrest him and cause of the
arrest, unless the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest. (Section 9, Rule 113)

Officer may summon assistance.

An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so summoned by an officer shall
assist him in effecting the arrest when he can render such assistance without detriment to
himself.

Rights of arresting Officer to break into and breakout

a. Right of officer to break into building or enclosure. — An officer, in order to make

an arrest either by virtue of a warrant, or without a warrant as provided in section 5,
may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his
authority and purpose.

b. Right to break out from building or enclosure. — Whenever an officer has entered
the building or enclosure in accordance with the preceding section, he may break out
therefrom when necessary to liberate himself.

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Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time and in any
place within the Philippines.

E.2. Searches and Seizure

Search warrant defined

A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court (Section 1, Rule 126).

Requirements for the issuance of search warrant:

a. Upon probable cause;
b. In connection with the one specific offense;
c. To be determined personally by the judge;
d. After examination under oath or affirmation of the complainant and the witnesses he
may produce;
e. Particularly describing the place to be search and the thing to be seized.

What are the personal properties to be seized?

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Used or intended to be used as the means of the commission of the offense.

General rule in effecting search and seizure

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a
validity issued search warrant. The reason-

a. For the protection of the searcher not to be charged of a crime of theft, robbery and
the like;
b. And for any civil and administrative liabilities.

Exceptions to the general rule

Unlike warrant of arrest, the rule as well as lines of jurisprudence has provided for a
number of exception to the general rule on search warrant, to wit:
a. Warrantless search incidental to a lawful arrest under section 12 Rule 128 of the rules
of court;
b. Seizure of evidence in plain view;
c. Search of a moving vehicle;
d. Consented warrantless search;
e. Customs search;
f. Stop and frisk search; and
g. Exigent and emergency circumstances.

Right to break door or window to effect search.

The officer, if refused admittance to the place of directed search after giving notice of
his purpose and authority, may break open any outer or inner door or window of a house or

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any part of a house or anything therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained therein. (Section 7, Rule 126)

The two Witnessed Rule

No search of a house, room, or any other premise shall be made except in the presence
of the lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (Section 8, Rule 126)

Time of making a search

The warrant must direct that it be served in the day time, unless the affidavit asserts
that the property is on the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or night. (Section 9, Rule
126)

Validity of search warrant

A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be
void. (Section 10, Rule 126)

Search incident to lawful arrest.

A person lawfully arrested may be searched for dangerous weapons or anything which
may have been used or constitute proof in the commission of an offense without a search
warrant. (Section 13, Rule 126)

Notes:
1. The following are considered as valid warrantless searches and seizures:
a. Those incidental to a lawful arrest;
b. Searches in “Plain View”;
c. Searches of moving vehicles;
d. Consented searches;
e. Customs searches;
f. Stop and frisk situation;
g. Searches during exigencies and emergencies.

2. Plain View Doctrine: authorizes a search and a seizure without a warrant. Requisites
are:
a. There must have been a legal presence in the place where the search is made;
b. The evidence was discovered inadvertently by an officer with a right to be where he
is;
c. The evidence is immediately apparently illegal; and
d. There is no need for any further search to obtain the evidence (People vs.
Conception, 361 SCRA 540).

3. Stop and Frisk: this is limited protective search of the outer clothing of a person to
determine the presence of weapons. Probable cause is not required but a genuine
reason (not mere suspicion) must exist, in the light of the officer’s experience and
surrounding circumstances, to warrant the belief that the person has concealed
weapon. (Malacat vs. CA, 283 SCRA 159).

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Is the evidence obtained in violation of the rule on arrest and search and seizure
admissible in evidence against the accused?
No, the evidence obtained min violation of the above rule on arrest and search and
seizure is not admissible in evidence against the accused in any proceedings.
This rule not admitting any unlawfully obtained evidence against the accused is
referred to by the Supreme Court as “the exclusionary rule: because the same is said to be
“the fruit of the poisonous tree”.

F. PATROL

What is the importance of police patrol in the administration of the CJS?

Patrol is the only police function that is directly responsible for crime prevention.
Crime prevention is one of the main goals of the Criminal Justice System.

Purposes of Patrol
The main purpose of patrol is to provide police visibility. By providing police visibility,
the patrol officer creates a basic street psychological effect that,
a. It creates a feeling of fear to the would be offender; and
b. A feeling of security and safety to the law abiding citizen.

In connection with the above, it is but only logical that the presence of a police officer
eliminates the opportunity on the part of the would be violator to commit a crime.
Opportunity being one of the elements in the commission of the offense, the other is desire.
By eliminating the opportunity, crime cannot exist anymore because the two elements must
co-exist.
Other authors suggest that the presence or lack of instrument or tools may be a
consideration if the crime can be committed. Others suggest that a question of capability of
the would be offender can be an element to consider if the crime can be committed.

However, the one can really prevent a determined person to commit a crime.

G. CRIMINAL INVESTIGATION

Importance of Criminal Investigation in the administration of CJS

Criminal investigation is important in the administration of the CJS because one of
the purposes of criminal investigation is to gather and preserve evidence that will justify their
enforcement action in the particular case as well as enable the fact finding process of the
courts and the prosecution of the case successfully and obtain conviction.

Define Criminal Investigation

Criminal investigation is an art that deals with the identity and location of the offender
and provide evidence of his guilt in a criminal proceeding.

It is also defined as an art of collecting and analyzing facts about persons, things, and
subject of a crime to identify the perpetrator, to locate his whereabouts, and to gather
evidence for the establishment of his guilt in a criminal proceeding.

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Who is an investigator?
An investigator is one who is charged with the duty of carrying the objectives of
investigation, such as:
1. Identify the criminal;
2. Locate the offender; and
3. Provide (gather) evidence for his guilt.

Essential qualities of a good field investigator or interviewer

 Good academic background: A person interested to become a field investigator must

have completed his basic college education. In the context of marketing research, it is
better if he is a graduate either in commerce or economics. He must also have a good
command of regional languages and sound general knowledge of the areas he is expected
to work.
 Decent pleasing personality: Personality plays a role in the success of a field
investigator. He is supposed to have an honest, pleasant and impressive charisma. He
must not have an indecent, dull and unattractive character. He must be well-groomed;
that is, nicely dressed, smell good and look tidy (neat and clean). Along with this, he must
be well skilled to exercise his etiquette like showing good manners, maintaining calm and
polite behavior, respecting others, etc. He must also carry a genuine bliss on his face and
wear a sincere smile while interacting with people. Often respondents do cooperate if they
are dealing with a pleasing person.
 Sociable person: A field investigator has to deal regularly with lots of people having
different personalities, attitudes and outlooks towards life. He is expected to be a sociable
or friendly person. He must be an extrovert and know how to initiate a good conversation,
maintain interest, win the confidence and easily mingle with people. He must also know,
how to deal correctly with a particular age group or gender. He must not be shy to talk
with people. He should show genuine interest in solving problems of his respondents. He
must also welcome their opinions and ideas. He must be a polite and not a hot-tempered
person.
 Healthy and energetic: The job of a field investigator demands good health, lot of energy
and hard work. In order to execute and accomplish assigned investigative tasks, here, one
has to travel from one place to another, talk with lots of people, sometimes even work for
many hours at a stretch. It is a job that needs a good amount of both mental and physical
stamina. It is not for those who can't handle the stress of traveling to different places,
meeting and talking with numerous people and working for longer duration. Hence, one
must be in the pink of health to become a field investigator.
 Good retentive memory: Memory is crucial if one has to remember lots of information
regarding; What to do? How to do it? Whom to contact? What to ask? What to avoid?
What to record? What not to miss? A weak memory results in reduced retention ability,
and this can overall effect once performance and efficiency at work. In order to avoid this,
a good memory seems essential for a work's success. In the case of a field investigator, he
is bombarded with information, others' opinions, questions, etc., which he has to handle
very skillfully. He must record and organize required data, also not miss any crucial
details and quickly give correct answers to all raised doubts by respondents. It is only
possible if he has a retentive memory. A good memory boosts his speed, accuracy,
efficiency and self-confidence.
 Technical knowledge: A field investigator must have excellent technical knowledge too
regarding how to conduct a survey. He is expected to have an understanding of various

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techniques of investigation, methods used for doing research, statistics, etc. Once the
information gets collected, he must know how to organize it well so that it can be further
processed with ease and without any difficulties. For doing this efficiently, he must also
know which tools to prefer and use for the right purpose.
 Communication skills: An investigator's primary task is to collect information from
people. To do this, it is crucial he communicates correctly, freely and frankly with them.
He must not only be able to share and collect data from them, but also manage to remove
their doubts. He must be able to make them feel comfortable so that they can open up, to
share more useful information with him. Hence, good communication skills are essential
for the success of a field investigator.
 Job Integrity: Integrity means not to compromise nor cheat with moral principles and
strictly remain honest and sincerely dedicated to accomplishing one's mission under any
circumstances. A field investigator must possess such an integrity. He must be very
honest, sincere, dedicated and trustworthy to investigate the matter assigned to him by
his employer. He must take a keen interest and enjoy doing his work with optimum
perfection. He must contact and interview all concerned respondents. He must ask all
questions from the questionnaire and record their respective answers immediately. He
must complete his work on time. He must not delay his work-related activities, nor avoid
asking some questions. In short, he must not cheat his research work. If he cheats, then
the quality of his investigation will become worse, and this will be a distrust and a loss to
his employer. Hence, integrity is a prime quality of an honest and good field investigator.
 Observational skills: A person's observation plays a vital role to understand the world
around him. Minute details are easy to identify and not missed if one's view is focused
and profound. A field investigator with good observational skills can make a great justice
to his job. He can observe the facial expressions, body language and non-verbal responses
of the respondents. With experience, he can quickly sense whether the information being
told is a truth or fabricated lie.
 Unbiased accurate recording: As a part of his job, a field investigator must immediately
record the information received from respondents with optimum accuracy and
completeness. He has to take good care to see that no time gets wasted while recording,
silly errors avoided, and integrity of the information preserved. In addition, he also has to
maintain an unbiased attitude while recording information. He must not add his words,
ideas or opinions. He must record the information the way received and only in its
original unadulterated form.
 Awareness of the business world: The world of business is dynamic in nature. It adapts
to ongoing changes by gradually discarding older methods or traditional approaches. A
field investigator must be aware of these ongoing transformations. He must acquaint
himself with the necessary knowledge and various aspects of the business world. He must
also be familiar with various problems associated with companies, competitions in the
market, issues related to sales and advertising, etc. With this overall understanding, he
can quickly know the purpose of his survey, investigation or research work.
 Curious mind to inquire: A curious mind is naturally inclined towards and eager to find
out more about something. It always inquires and is not satisfied with the available
information at hand. It often tries to dig deeper so as to know a little extra. A good field
investigator must have such a mind. He must not get easily satisfied only with facts else
find out what more lies behind. In other words, he must try his level best to extract
maximum information from respondents to enhance the quality of his research work.

H. CRIME PREVENTION

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Define crime prevention.

Crime prevention is simply defined as the elimination or reduction of the desire and/
or opportunity to commit a crime.
However, the crime prevention function is being ignored by police officers because this
will not reflect as hard data in their individual performance.
On the other hand, it is easily understandable that an individual police officers focus
on law enforcement function like arrest and actual encounters with offender will certainly be
reflected in their individual records of accomplishment (commendation, etc.) for promotion
purposes of performance evaluation.
I. POLICE IMAGE IN THE ADMINISTRATION OF THE CJS
Why must the police enhance its public image?

It is important for the police to enhance their image so that full cooperation of the
community is attained.

It is a fact that the concerns about crime are not solely a police concern. It is also a
community concern. Therefore, there must be a police-community partnership in tackling
the issues about crime prevention and law enforcement. This police-community partnership
is referred to as the concept of Community-Oriented Policing Service (COPS).

The police should be able to help the community organized itself. The community
should be strengthened and organized against crime. A community that is disorganized or
chaotic is the breeding ground of delinquent behavior and of criminal activities. This is
described as the “Broken Window” theory by Wilson and Kelling.

It is only when the police are fully supported by the community that they shall be truly
effective in their crime prevention, investigation and law enforcement functions.

What must the police do in order to enhance its public image?

(a) Increased police visibility through the dispersal of personnel from the headquarters
to the field offices;
(b) Efficient and optimized delivery of police services to the communities;
(c) Constant dialogue and meetings with the barangay officials in their respective
territorial jurisdictions;
(d) Community service oriented policing by conducting seminars for the traffic aides,
police aides and the barangay tanod;
(e) Coordination with the media for image enhancing projects.

J. POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF THE CJS

One of the most important powers vested by law to the police officers is to exercise
discretion.

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What is police discretion?

As defined by Kenneth Culp Davis, discretion means the freedom to make a choice
among possible courses of action.

It is also defined as the police officer’s wise use of wisdom based on his knowledge,
education, training, skill under the given situations or conditions.

Discretion is an authority conferred by law to act in a certain condition or situation in

accordance with an official or an official agency’s own considered judgment and conscience
(Pound, 1960).

By the very nature of their work, police officers normally make critical decisions
involving the life, liberty, honor and property of citizens. And these require discretion on their
part.

Sometimes, police discretion is a matter of life and death vis-à-vis condemnation

choice.

Thus, the saying: “Damn if you shoot; dead if you don’t.” Such is the importance of
exercise of discretion. The police officer and the police organization will be condemned for
exercising or using police brutality or excessive use of force or for hesitating to use the same,
it might result to the police officer’s negligence of duties, physical incapacitation or serious
injuries or even death.

Examples of police discretion.

(a) Whether or not to enforce a specific law (This is referred to as Selective

Enforcement).
(b) Whether or not to investigate.
(c) Whether or not to conduct search of people or building.
(d) Whether or not to effect an arrest.
(e) To determine what charges are to be filed.

CLJ-1 RMB