Dilemma for Discretion (From Police Ethics - Hard Choices in Law Enforcement, P 69-80, 1985, by William C Heffernan and Timothy Stroup, eds. See NCJ-100351)

• NCJ Number: 100355
• Author(s): H Cohen
• Date Published: 1985
• Length: 12 pages
• Sale Source: National Institute of Justice/; John Jay Press
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: For microfiche, see NCJ-100351.

Annotation

Police officers must be trained in moral reasoning so they may properly exercise their discretion to provide justice for individual citizens through peacekeeping and social service functions.

Abstract

Kenneth Davis advocates eliminating police discretion in law enforcement and allowing it in peacekeeping and social service efforts. Such strict law enforcement would make the police an arm of the state rather than an arm of society. Police should be permitted to keep peace and provide social services without strict law enforcement provided (1) the means are reasonable for achieving these ends, (2) the least offensive means are used to achieve the end, and (3) the means do not subvert another end of equal or greater importance. Officers must be accountable in their use of discretion, whether it be to enforce or not enforce the law, according to the consequences for justice. Such consequences must be measured by moral reasoning rather than precise policy. Training officers in moral reasoning requires specifying police goals, examining alternative means for achieving these goals, and identifying restrictions on justifying means by ends. 11 notes.