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University of Maryland College Park Discretional Justice Discussion
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Much has been said regarding the potential for police officers to abuse their ability to exercise discretion. In light of the cases assigned in the reading this week, how might an officer abuse discretion under color of law?
- Consider, if you will, the nature of pretextual traffic stops as set forth in the Whren case. Or, consider, how/when a ‘stop and frisk’ may occur under the Terry doctrine.
- Can an officer use these otherwise legal crime fighting tools to effectuate arrests based on underlying discrimination or bias? If so, how might this occur?
