NCJ Number
60150
Date Published
1979
Length
20 pages
Annotation
THE ADVANTAGES AND DISADVANTAGES OF POLICE DISCRETION, FACTORS AFFECTING THE USE OF DISCRETION, AND ADMINISTRATIVE POLICY FOR CONTROLLING DISCRETION ARE DISCUSSED.
Abstract
FULL ENFORCEMENT (ARREST AND PROSECUTION) OF EVERY CRIMINAL LAW AND LOCAL ORDINANCE BY POLICE IS AN IMPOSSIBILITY. THE COST OF SUCH AN UNDERTAKING, THE RESULTING OPPRESSIVE IMPACT UPON CITIZENS, AND THE INEVITABLE VARIABILITY OF POLICE INTERPRETATION OF WHAT CONSTITUTES LAWBREAKING IN SPECIFIC CIRCUMSTANCES MAKE FULL ENFORCEMENT AND EFFORTS TO ELIMINATE POLICE DISCRETION NOT ONLY POSSIBLE BUT UNDESIRABLE. POLICE DISCRETIONARY ACTION AT THE POINT OF COMMUNITY CONTACT MUST, THEREFORE, BE RECOGNIZED AS AN IMPORTANT ASPECT OF POLICING. FACTORS AFFECTING AN OFFICER'S USE OF DISCRETION ARE THE SERIOUSNESS OF THE ACT AT ISSUE, THE MOOD OF THE OFFICER AT THE TIME, THE ATTITUDE OF THE CITIZEN INVOLVED, PEER PRESSURE, COMMUNITY PRESSURES, THE OFFICER'S EDUCATIONAL LEVEL, AND ULTIMATE GOALS IN A COMPLEX CRIMINAL INVESTIGATION INVOLVING MANY CRIMINAL ACTS OF VARYING SEVERITY. WHEN EFFORTS ARE NOT MADE AT EVERY ADMINISTRATIVE LEVEL OF A POLICE DEPARTMENT TO CONTROL AND GUIDE THE USE OF DISCRETION, ABUSES CAN OCCUR. EXTREME DISPARITIES IN LAW ENFORCEMENT CAN OCCUR: OFFICERS MAY TAKE PAYOFFS FOR NOT ENFORCING CERTAIN LAWS AND USE DISCRETION AS THE ALLEGED RATIONALE AND CITIZENS MAY RESENT A LACK OF STRICT ENFORCEMENT IN MATTERS IMPORTANT TO THEIR PEACE OF MIND AND NEIGHBORHOOD SECURITY. DISCRETION CAN BEST BE ADMINISTERED BY SETTING GENERAL GUIDELINES RATHER THAN USING RIGID AND SPECIFIC PRIORITIES. IN CERTAIN DISCRETIONARY MATTERS, SUCH AS THE FIRING OF A GUN, FORMAL REVIEW PROCEDURES SHOULD BE USED TO EXAMINE EACH CIRCUMSTANCE. SELECTION AND TRAINING OF POLICE OFFICERS SHOULD ALSO TAKE INTO ACCOUNT THAT THEY WILL BE EXPECTED TO DEVELOP THE ABILITY TO MAKE RESPONSIBLE DISCRETIONARY CHOICES. REFERENCES ARE PROVIDED. (RCB)