Week 1 (A) : Police Discretion and Decision-Making Flashcards
What is the definition of Police Discretion?
“The unwritten rule that police officers have the right to be selective in how they do their jobs as long as they stay within widely prescribed departmental guidelines.”
Key words unwritten and selective
What are the key elements of Police Discretion about the rules?
Deciding which rules to apply to a given situation
Deciding whether to apply them
According to Lord Scarman in 1981, what role does discretion play in the policing function, and how does he describe the significance of discretion in law enforcement?
Discretion is at the heart of the policing function.
There is only one law for all, but successful policing depends on the exercise of discretion in how the law is enforced.
Discretion is the art of suiting action to particular circumstances.
What are two key aspects of Police Discretion about the work, and according to Lipsky (1980), what term is used to describe individuals exercising discretion in the lower ranks of the police organization?
Police Discretion is THE defining feature of police work.
Police Discretion is concentrated in the lower ranks of the police organization.
According to Lipsky (1980), individuals exercising discretion in the lower ranks are referred to as ‘Street-level bureaucrats.’
What are three main sources of Police Discretion
the nature of criminal law
the police work environment
limited police resources
What are three main sources of Police Discretion, as outlined in the context of the nature of criminal law, the police work environment, and limited police resources?
Nature of criminal law:
Vague definitions, conflicting expectations.
Law used for social and medical problems.
Police work environment:
Limited supervision of officers.
Private encounters.
Limited police resources:
Myth of full enforcement.
List six areas in which police officers exercise discretionary decisions as part of their duties.
*could be a question on which isn’t
Recording crime.
Stops and searches.
Collecting evidence.
Making arrests.
Proactive investigations.
Case finalization.
Identify seven situational features of an incident that can influence discretionary decisions according to the factors discussed. Provide a brief description for each.
*common sense I know what discretion means
Seriousness of the crime.
Strength of the evidence.
Victim preference.
Relationship between victim and suspect.
Suspect demeanor and condition.
Victim characteristics.
Numbers, volume, or aggression.
what is highlighted as one of the most important determinants of police behaviour
Situational features of the incident.
List three categories of factors that influence discretionary decisions
Immediate work environment
Force characteristics
Officer characteristics
focusing on the immediate work environment, force characteristics, and officer characteristics. Provide examples within each category.
Immediate work environment:
Location.
Time.
Force characteristics:
Specific/formalized policy.
Professionalism/bureaucratization (Wilson).
Officer characteristics:
Race.
Gender.
Education.
Identify four problems that may arise as a result of uncontrolled discretion in policing. Provide a brief explanation for each.
Denial of equal protection under the law.
Poor police-community relations.
Poor personnel management.
Poor planning and policy development
According to Goldstein (1960), what does he suggest about an officer’s decision not to investigate or report a disturbing event that may be a violation of criminal law, and why does he argue that the consequences are not sufficiently visible?
Goldstein suggests that an officer’s decision not to investigate or report a disturbing event doesn’t usually bring visible consequences.
The lack of visible consequences makes it challenging for the community, the legislature, the prosecutor, or the courts to be aware of a possible failure of service.
