NCJ Number
73186
Journal
Police Chief Volume: 47 Issue: 11 Dated: (November 1980) Pages: 54-59
Date Published
1980
Length
6 pages
Annotation
The source and use of discretion, which is defined as the freedom to make decisions through the use of personal judgment, are discussed. In addition, the necessity for police discretion and the various degrees of discretion within police work are examined.
Abstract
Discretion of police officers is not limited to just enforcement of the law; it is a powerful force in the other police roles of public service and order maintenance. Discretion is necessary to effective law enforcement because police procedures are not always clearly defined in law and because a community's laws may differ from current norms. Moreover, police may make little effort to enforce some new laws that are difficult to enforce, and may consider it more harmful to strictly enforce a law than to ignore it. The place where officers perform their duty in addition to their personal beliefs, values, and state of mind may influence the level of discretion they employ and the decisions they make. Major discretion issues include the subjugation of freedom and the manner in which decisions such as to arrest or not to arrest are made. It is suggested that police discretion be recognized as a lawful practice, that laws which demand full enforcement practices should be changed, that discretionary limits should be carefully defined, and that social trends should be monitored as indicators of a need for change in levels of police discretion. A bibliography of 14 citations is included.