Week 8 Flashcards
What is police discretion? (2)
The freedom that a police officer has for deciding what to do in a given situation
Covers traffic stops all the way to use of force
What gives police the authority to use discretion in Canada? (4)
Court cases
Legislation
Other statutes and by-laws
Departmental policies
What court case gives police the authority to use discretion in Canada? (2)
R v. Beaudry
Police have a duty to use one’s judgement to adapt the law to individual circumstances and real-life demands of justice
What legislation gives police the authority to use discretion in Canada? (2)
Various pieces of legislation provide police the authority to use discretion
YCJA encourages extrajudicial measures when dealing with youth offenders determined by the police according to the situation and what would be most effective
What areas require discretion? (3)
Almost every aspect of policing requires requires some degree of discretion from traffic patrolling/violations to homicide investigations
There is less discretion as the seriousness of the incident increases
In extreme cases, there are very clear and strict rules/regulations stating that they must act in certain ways (the discretion is passed on to the prosecutor)
What are the key research areas in police discretion? (4)
Use of force (100% discretion based as it is dependent on the officer’s perception of threat)
Interactions with mentally ill individuals (there are some regulations like the MHA but outside of that, it is up to their discretion of what to do with them)
Interventions in cases of domestic violence (has gone from all discretion to mandatory arrest back to discretion; very difficult to handle)
Interactions with youth (YCJA gives lots of discretion)
What are the 3 key time points of police discretion?
- Deciding whether to get involved in the incident
- Determining how to behave in a particular incident
- Selecting among alternatives when dealing with the incident
What must officers consider at the 1st key time point? (6)
What is happening?
Who is involved?
What is the environment?
Does the activity require my intervention?
Is a crime being committed?
Are people unsafe?
What must officers consider at the 2nd key time point? (7)
Are others in danger?
Am I in danger?
Do I need to call for back up before I intervene?
How should I approach the individual?
Do they seem emotionally disturbed?
Should I use de-escalation or is the situation beyond that?
What sort of de-escalation?
What must officers consider at the 3rd key time point? (6)
What is the individual saying and doing?
What does my risk assessment tell me?
If force is appropriate, what level?
Does this require just my presence?
Does this require less than lethal force?
Does this require lethal force?
Is discretion good or bad? Which is more common?
It can be good (youth, extrajudicial measures, giving breaks) and it can be bad (bias, lack of justice)
There is usually more good than bad outcomes but when it is bad, it is VERY bad
What is the bad side of discretion? (4)
There is no way to ensure consistency of decisions and they will vary across officers and agencies (is this fair?)
Discretion gives too much power to the police without enough training or education to make good informed decisions
Discretion can be abused, allowing discrimination and biases to come into play
When used inappropriately, it can have devastating effects on victims and can negatively impact public trust in police
What is the good side of discretion?
It is a necessary part of policing and can be very positive when used appropriately
Why is discretion necessary? (7)
An officer who enforces all laws all the time would always be at the station and in court, leaving no time for serious problems
Legislatures pass some laws that they clearly do not intend to have strictly enforced all the time (minor crimes)
Legislatures pass some laws that are vague, making it necessary for police officers to interpret them and decide when to apply them
Most law violations are minor in nature and do not warrant full enforcement of the law
Full enforcement would seriously alienate the public and undermine support for and confidence in the police
Full enforcement would overwhelm the system
Police have many duties to perform with limited resources and judgement is needed to establish priorities
What are the proven factors that influence discretion? (3)
Environmental factors (outside the police agency)
Organizational factors (within the police agency)
Situational factors (suspect, victim, officer, encounter)
