Final Flashcards
Police discretion
The freedom that an officer has in deciding what to do in a given situation.
Where does the authority to use police discretion come from?
Court cases, legislations, statutes, bylaws, departmental policies.
R. v. Beaudry (2007)
Constable Beaudry charged with obstruction of justice after he exercised discretion in not charging a fellow officer who had been driving impaired.
Youth Criminal Justice Act (2003)
Highlights how extrajudicial measures are often the most appropriate and effective, and should be used to hold youth accountable, as long as the offence is non-violent and they haven’t been charged before.
Robert and Kuykendall (1993)
Police discretion occurs at three points:
Determining whether or not to get involved in an incident.
Determining how to behave in an incident.
Selecting among alternatives when dealing with the incident.
What are some negatives associated with police discretion?
No way to ensure consistency of decisions.
Can give too much power to police.
Can be abused and allow for discrimination and bias.
Sheehan and Cordner (1989)
Why discretion is necessary:
Police officers who enforced every law would never stop doing paperwork or going to court.
Most law violations are minor and do not require full enforcement.
Full enforcement would build distrust among the public.
Full enforcement would overwhelm the CJS.
Discretion: Environmental factors
Socioeconomic status of the neighbourhood, type/level of crime in the community, community-police relations.
Discretion: Organizational factors
Departmental policies, degree of supervision/accountability, informal norms and rules.
Discretion: Situational factors
Seriousness of crime, harm experienced by the victim, role played by the victim in offence, wishes and characteristics of the victim.
Control of police discretion INSIDE of PDs
Better supervision, better training, internal affairs units, departmental policies, guidelines and models and internal sanctions for inappropriate use of discretion.
Control of police discretion OUTSIDE of PDs
Civilian oversight, citizen input, legislation, statutes, local laws, court cases, social media.
What is police management?
The administrative duties of controlling, directing and coordinating police personnel, resources and activities.
What level are most police managers?
Management can occur from any level, but most often at the Sergeant level.
How is policing a more unique and challenging environment than other jobs?
Difficult to assess the bottom line in policing, hard to determine if the agency is doing well, difficult to manage an agency that “can’t say no”.
What is police sustainability?
Police are trying to sustain high quality policing and the service provided over time.
Internal challenges to police sustainability
Culture that is resistant to change.
High training and selection cost.
Difficulty measuring, defining and communicating value of policing to public.
Agencies have to conform to moving target of standards for law enforcement.
Problem-solving policing
Focus on the causes of crime and identifying solutions; respond to underlying circumstances that create incidents, relies on expertise of officers.
Evidence-based policing
Monitor and evaluate problem outcomes, analyze and adjust strategies, training, innovation, efficiency, communication, academic partnerships, reporting on failures, Policing is changing over time and it’s hard to maximize efficiency while that is happening.
External challenges to police sustainability
Decreasing budgets, the changing nature of crime, technological advances impact both crimes and crime solving, downloading of services onto police.
What are some ways forward for police sustainability?
Eliminate certain services, charged for services, find ways to cut costs, civilianize some aspects of policing, privatize some aspects of policing.