ORGANIZATIONAL STRUCTURE AND CONTROL OF DISCRETION IN POLICE OPERATIONS

• NCJ Number: 61077
• Journal: Policy Studies Journal Volume: 7 Dated: SPECIAL ISSUE (1978) Pages: 442-449
• Author(s): E S FAIRCHILD
• Date Published: 1978
• Length: 8 pages
• Corporate Author: Policy Studies Organization
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THREE ORGANIZATIONAL APPROACHES TO THE CONTROL OF POLICE DISCRETION ARE DESCRIBED AND CRITIQUED.

Abstract

THREE MAJOR CONTROL PERSPECTIVES ARE PRESENTED IN THE LITERATURE ON POLICE DISCRETION: (1) CONTROL THROUGH DEPARTMENTAL RULES, (2) CONTROL THROUGH COMMUNITY PRESSURES, AND (3) CONTROL THROUGH CHANGES IN OFFICER DECISIONMAKING CAPACITY. THE MOST WIDELY ADVOCATED PERSPECTIVE ON CONTROL OF DISCRETION IS THAT WHICH USES RULEMAKING AT THE DEPARTMENTAL LEVEL AS A BUFFER BETWEEN THE VAGARIES OF THE CRIMINAL LAW AND UNRESTRICTED POLICE DISCRETION IN ITS ENFORCEMENT. TO ATTEMPT TO GOVERN POLICE BEHAVIOR BY RIGID EMPHASIS ON RULES, HOWEVER, MAY UNDERMINE ATTEMPTS AT PROFESSIONALIZATION AND THE RECRUITMENT AND DEVELOPMENT OF HIGHLY EDUCATED PERSONNEL. ALSO, PRECISE RULES MAY NOT, IN MANY CASES, GIVE SUFFICIENT CONSIDERATION TO THE COMPLEXITY AND IMMEDIACY OF THE OFFICER'S DECISIONMAKING PROCESS. A SECOND APPROACH TO THE CONTROL OF POLICE DISCRETION USES COMMUNITY PRESSURES CONSISTING OF DIRECT POWER RELATIONSHIPS, AS IN THE CASE OF COMMUNITY CONTROL PLANS, OR MORE INDIRECT TRANSACTIONS WHICH RESULT FROM DEPARTMENTALLY-STRUCTURED OPPORTUNITIES FOR GIVE-AND-TAKE BETWEEN POLICE AND CITIZENS. THESE TWO APPROACHES FOCUS ON STRUCTURAL WAYS TO LIMIT OFFICER DECISIONMAKING. THE THIRD APPROACH--CHANGES IN OFFICER DECISIONMAKING CAPACITY--ACKNOWLEDGES THAT OFFICER DISCRETION IS INEVITABLE AND FUNCTIONAL. IT AIMS AT DEVELOPING A PSYCHOLOGICAL STATE AND VALUE PERSPECTIVE IN OFFICERS THAT WILL MOST LIKELY LEAD TO ORGANIZATIONALLY ADVANTAGEOUS DECISIONS. IN THE SAN DIEGO POLICE DEPARTMENT, USERS OF THIS LATTER METHOD OF INFLUENCING POLICE DISCRETION, AN EXPERIMENTAL GROUP WAS GIVEN 8 DAYS OF TRAINING DESIGNED TO CHANGE POLICING STYLES AND GOALS AND VALUES TO CONFORM TO THAT OF SERVICE ORIENTATION. OFFICERS WERE TRAINED TO STUDY THEIR BEATS BY KEEPING JOURNALS, DEVELOPING INVENTORIES OF NEEDS, AND WRITING EVALUATIVE REPORTS. OFFICERS ATTENDED STAFF CONFERENCES WHERE BEAT OPERATIONS WERE DISCUSSED AND EVALUATED. REFERENCES ARE PROVIDED. (RCB)