NCJ Number
122382
Journal
Indiana Law Journal Volume: 64 Issue: 4 Dated: (Fall 1989) Pages: 873-905
Date Published
1989
Length
33 pages
Annotation
This article examines the issue of police discretion in arrest decisions, focusing on how the laws of England and the United States define the responsibilities of police.
Abstract
Cultural differences make it difficult for Americans to understand the law enforcement systems of other nations. A study of police discretion in the United Kingdom may help Americans define the limits of police discretion in the United States. English law is discussed in detail, with citations to relevant case law. In England, as in America, criminal statutes are overly-vague, making it difficult to determine when enforcement is expected. The English example makes clear the importance of establishing through departmental manuals and norms the proper standard of police conduct. If no established departmental standards or rules exist, there can be no censure for abuse of discretion. 144 footnotes.