NCJ Number
13939
Journal
Police Chief Volume: 41 Issue: 6 Dated: (JUNE 1974) Pages: 70-71
Date Published
1974
Length
2 pages
Annotation
PRINCIPLES OF ADMINISTRATIVE LAW APPLIED TO UPGRADE THE QUALITY OF LAW ENFORCEMENT.
Abstract
THE NATURE OF POLICE DISCRETION AND THE NEED TO CONTROL IT HAS BEEN THE SUBJECT OF DISCUSSION AND DEBATE IN RECENT YEARS. POLICE DISCRETION ARISES PARTLY BECAUSE THE LAW IS VAGUE AND IMPRECISE IN MANY AREAS. THE AUTHOR CONTENDS THAT THIS DISCRETION (MAINLY IN THE AREA OF ARRESTS) NEEDS TO BE GUIDED AND CONTROLLED, AND THAT THE EXISTING BODY OF ADMINISTRATIVE LAW GRANTS POLICE DEPARTMENTS THE AUTHORITY TO PROMULGATE THESE GUIDELINES. THIS ADMINISTRATIVE RULE WOULD COMPRISE AN OFFICIAL STATEMENT OF POLICY VERY MUCH LIKE STATUTES PASSED BY LEGISLATURES. THE RULES, ONCE IMPOSED, SHOULD BE OBEYED AND PENALTIES WOULD BE IMPOSED FOR VIOLATIONS. THE AUTHOR DESCRIBES A RECENTLY PUBLISHED MANUAL ON POLICE DISCRETION, 'MODEL RULES FOR LAW ENFORCEMENT,' AND A CONFERENCE SPONSORED BY THE TEXAS CRIMINAL JUSTICE COUNCIL AND THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE ON POLICE DISCRETION HELD IN APRIL 1974.