Podcast
Questions and Answers
What term describes the unwritten rule that allows police officers to make choices about how they do their jobs, as long as they adhere to departmental guidelines?
What term describes the unwritten rule that allows police officers to make choices about how they do their jobs, as long as they adhere to departmental guidelines?
Police discretion
What are the two key elements involved in police discretion?
What are the two key elements involved in police discretion?
- Deciding HOW to apply rules
- Deciding WHETHER to apply rules (correct)
- Deciding WHICH rules to apply to a given situation (correct)
- Deciding WHEN to apply rules
According to Lord Scarman, what fundamental part of policing involves the use of discretion?
According to Lord Scarman, what fundamental part of policing involves the use of discretion?
The policing function
Goldstein argued that an officer's decision not to adequately investigate or report a potential violation of criminal law always carries significant consequences.
Goldstein argued that an officer's decision not to adequately investigate or report a potential violation of criminal law always carries significant consequences.
Police discretion is primarily concentrated in the higher ranks of the police organization.
Police discretion is primarily concentrated in the higher ranks of the police organization.
Which of the following is NOT a source of police discretion?
Which of the following is NOT a source of police discretion?
Which of these is NOT a police discretionary decision?
Which of these is NOT a police discretionary decision?
What is considered the most important factor influencing police discretionary decisions?
What is considered the most important factor influencing police discretionary decisions?
Which person's work focused on the concept of 'professionalism/bureaucratization' as it relates to police discretion?
Which person's work focused on the concept of 'professionalism/bureaucratization' as it relates to police discretion?
What is a potential problem associated with unchecked police discretion?
What is a potential problem associated with unchecked police discretion?
What is a key concern regarding police discretion?
What is a key concern regarding police discretion?
Which of these is NOT a potential solution to problems associated with police discretion?
Which of these is NOT a potential solution to problems associated with police discretion?
Flashcards
Police Discretion
Police Discretion
The power of police officers to choose how to apply the law in a given situation, within departmental guidelines.
Impact of Discretion
Impact of Discretion
Police discretion affects how laws are applied, which can lead to unequal enforcement and potentially harm community relations.
Uncontrolled Discretion Issues
Uncontrolled Discretion Issues
Lack of clear rules and guidelines around police discretion can cause unequal treatment under the law, as well as problems in officer relations and management.
Key Element of Discretion
Key Element of Discretion
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Lord Scarman (1981)
Lord Scarman (1981)
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Goldstein (1960)
Goldstein (1960)
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Defining Feature of Policing
Defining Feature of Policing
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Street-level bureaucrats
Street-level bureaucrats
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Sources of Police Discretion
Sources of Police Discretion
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Nature of Criminal Law
Nature of Criminal Law
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Police work environment
Police work environment
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Limited police resources
Limited police resources
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Recording crime
Recording crime
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Stops and searches
Stops and searches
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Collecting evidence
Collecting evidence
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Making arrests
Making arrests
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Proactive investigations
Proactive investigations
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Case finalization
Case finalization
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Situational features
Situational features
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Victim preference
Victim preference
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Suspect characteristics
Suspect characteristics
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Work environment
Work environment
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Officer characteristics
Officer characteristics
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Problems with Uncontrolled Discretion
Problems with Uncontrolled Discretion
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Study Notes
Police and Policing - Week 1
- Course code: S10601
- Week 1 - October 3rd, 2024
- Professor: Amanda Robinson
Police Discretion and Decision-Making
- Overview:
- Define police discretion and explain its existence.
- Discuss the impact of discretion on policing decisions.
- Understand problems associated with uncontrolled police discretion.
Definition of Police Discretion
- Unwritten rule: Police officers have the right to selectively apply policies, remaining within departmental guidelines.
- Key elements:
- Deciding which rules to apply in a specific situation.
- Deciding if to apply rules at all.
Lord Scarman (1981)
- Discretion is at the heart of policing.
- There's only one law for everyone.
- Successful policing depends on how laws are applied.
- Discretion is the "art of fitting action to circumstances."
Goldstein (1960)
- An officer's decision not to investigate or report adequately a crime can go unnoticed by the community, courts and legislature.
- Often, the infraction isn't severe enough for formal action.
Police Discretion
- Defining feature of policing.
- Concentrated in lower ranks of police organizations.
- Similar to "street-level bureaucrats" (Lipsky, 1980).
Sources of Discretion
- Nature of criminal law:
- Vague definitions, conflicting expectations.
- Law used for social and medical issues.
- Police work environment:
- Limited supervision of officers.
- Private encounters.
- Limited police resources (Myth of full enforcement).
Police Discretionary Decisions
- Recording crime
- Stops and searches
- Collecting evidence
- Making arrests
- Proactive investigations
- Case finalization
- Read 3 examples (Further info would be needed).
Factors Influencing Discretionary Decisions - 1
- Situational features:
- Seriousness of the crime
- Strength of the evidence
- Victim preference
- Relationship between suspect and victim.
- Suspect's demeanor and condition
- Victim's characteristics
- Numbers involved, volume or aggression.
Factors Influencing Discretionary Decisions - 2
- Immediate work environment:
- Location
- Time
- Force characteristics:
- Specific/formalized policy
- Professionalism/bureaucratization (Wilson)
- Officer characteristics:
- Race
- Gender
- Education
Problems with Uncontrolled Discretion
- Denial of equal protection under the law.
- Poor police-community relations.
- Poor personnel management.
- Poor planning and policy development.
Concluding Thoughts
- How to deal with discretion issues:
- Abolish discretion?
- Enhance officer professional judgment?
- Implement written policies?
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