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RIGHTS AND WRONGS OF SELECTIVE LAW ENFORCEMENT (FROM POLICE IN SOCIETY, 1975 BY EMILIO C VIANO AND JEFFREY H REIMAN - SEE NCJ-29466)

NCJ Number
29470
Author(s)
T EDELSON
Date Published
1975
Length
8 pages
Annotation
DUE TO THE DISCRETION ENJOYED BY THE POLICE IN THE SELECTIVE ENFORCEMENT OF THE LAW, ULTIMATE CONTROL OF POLICE ACTIVITIES SHOULD REST WITH THE ELECTED REPRESENTATIVES OF THE PEOPLE.
Abstract
LIMITED RESOURCES FORCE POLICE TO BE SELECTIVE IN CHOOSING WHICH LAWS TO ENFORCE MOST STRICTLY. THE AUTHOR SUGGESTS SEVERAL FORMULAS FOR DETERMINING WHICH AREAS OF LAW ENFORCEMENT SHOULD BE GIVEN PRECEDENCE. LEGALISTIC, MORALISTIC, INSTRUMENTAL, AND PROBABILISTIC APPROACHES ARE EXAMINED, AS WELL AS VARIATIONS AND MODIFICATIONS OF THEM. REASONABLE OBJECTIONS ARE SUGGESTED TO STRICT ADHERENCE TO ANY FORMULA, SO THAT SETTLEMENT OF THE ENFORCEMENT QUESTION IS ULTIMATELY SEEN TO BE A POLITICAL ISSUE. ONLY ELECTED REPRESENTATIVES CAN DETERMINE IF POLICE LAW ENFORCEMENT PROCEDURES REFLECT THE NEEDS AND WILL OF THE PEOPLE. SUCH CONTROL WOULD BEST BE INDIRECT AND DELAYED, AS IN THE ELECTORATE'S CONTROL OF THE COURTS. THIS ENSURES THAT POLICE PRACTICES MAY REMAIN STEADY, PREDICTABLE, AND RELIABLE, RATHER THAN VARYING AS RAPIDLY AS PUBLIC OPINION.

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