Police in America Chapter Eight Police Discretion

Discretion n Definition of discretion Official actionOfficial action By a criminal justice officialBy a criminal justice official Based upon that individual’s judgment about the best course of actionBased upon that individual’s judgment about the best course of action

Factors influencing discretionary decisions n Seriousness of the crime The more serious, the more likely an arrestThe more serious, the more likely an arrest n Strength of the evidence The stronger the evidence, the more likely to arrestThe stronger the evidence, the more likely to arrest n Preference of the victim n Relationship between victim and suspect Arrests are more likely when victim and suspect are strangersArrests are more likely when victim and suspect are strangers n Demeanor of the suspect Disrespect toward the police means arrestDisrespect toward the police means arrest n Characteristics of the victim Moral judgment of the officer of the victimMoral judgment of the officer of the victim

Factors influencing discretionary decisions n The influence of race and gender Black suspect, white victimBlack suspect, white victim Behavior of a female victimBehavior of a female victim n Police-Citizen Interactions Citizens reaction to officer requestCitizens reaction to officer request –No resistance –Slight resistance –Moderate or high resistance –Violent or explosive resistance n The neighborhood environment High crime or low crime areasHigh crime or low crime areas

Factors influencing discretionary decisions n Characteristics of the individual officer Does not appear to have a major influence on police behaviorDoes not appear to have a major influence on police behavior n Official Department Policy Powerful influencePowerful influence n Informal organizational culture WatchmanWatchman LegalisticLegalistic ServiceService n Local political culture Community prioritiesCommunity priorities

Control of discretion n Professionalization of the police n Written policies Written rulesWritten rules PoliciesPolicies SOPSOP n Civilian oversight SOPSOPSOPSOP S.O.P.