Quiz #4 Flashcards
Officers routinely decide not to arrest people. Some examples:
- Domestic dispute arrests
- Mental Health
- Traffic enforcement
- Juvenile court referrals
- Deadly force
FINAL Domestic dispute arrests….
….58% of people suspected of committing felonious assault in domestic violence situations
Traffic enforcement …
…1/4 of all drivers stopped for speeding were issued a warning than a ticket
FINAL Discretion?
An unofficial action by a criminal justice official based on that individuals judgment about the best course of action
FINAL Street-level bureaucrats
They make the decisions that produce actual police policy as it affects citizens.
Through their discretion to arrest or not arrest, police officers are the gatekeepers of the CJS
Police discretion also determines?
Public policy. If police officers do not criminalize people for small amount of marijuana, then the offense will be decriminalized
Potential abuse of discretion?
- Discrimination
- Denial of due process - harassing drug dealers
- Systematic underenforcement of the law (eg. police tolerating gambling in poor communities)
- Poor personnel management
- Inconsistent policy - officers making decisions inconsistent with policies, the policy won’t be carried out
Proper Exercise of Discretion
- The use of good judgment (police officer determines no crime was committed so no report is filed)
- Efficient use of scarce police resources - (By concentrating on serious crimes than less serious crimes)
- Individualized justice - (Eg. juvenile shouldn’t be arrested)
- Sound Public Policy (Eg. arresting homeless people best option?)
Patrol Officer’s Discretionary decisions
Related to CRIME situations
and ORDER MAINTENANCE
Detective Decisions
CRIMINAL INVESTIGATION
Police Manager’s decisions
About LAW ENFORCEMENT POLICY AND PRIORITIES
The nature of the Criminal Law
Demands that officers exercise discretion, but officers on the street have to determine whether the facts of a particular case fit the definition
Conflicting Public Expectations
Criminal Law in US reflects conflicting public expectations about what behavior should be illegal
The work environment of policing. - 3 aspects
- ) Patrol officers work alone or in pairs
- ) There is no direct supervision by a sergeant
- ) The majority of police-citizen encounters occur in private places (observers may testify about officer’s behavior)
Legal Factors limiting discretion
Supreme Court decisions
State court decision
State law