Police Discretion by the P

To What Extent is the Use of Discretion

Police discretion is a sensitive topic in modern day law enforcement. Most police officers clearly understand that their job extends far beyond the limits governed by statistics. Both the public and the police understand that officers do not mechanically enforce the law. Rather, they make continuous decisions regarding many matters not falling within the jurisdiction of the law--finding a lost child, removing a dead animal, or dispersing a group of teenagers (Cohen 27).

Cohen states that discretion is an unavoidable part of an officer's job. It is not an option. Oddly enough, the use of discretion is not authorized by law (Cohen 27). Only New Mexico authorizes police officers to use discretion, although the limits and scope of that discretion are not specified (Cohen 40).

Upon questioning concerning the appropriate use of responsible discretion, experienced officer seem to rely on common sense and the knowledge that discretion is a gray area of wisdom. Common sense connotes the judgment of reasonable, rational, normal human beings. Cohen purports that safe and sane solutions are preferable to creative ones and that balancing of interests of all concerned is ideal (28-29). Common sense probably cannot be taught. Either police officers already have it or they do not.

The gray area aspect requires good judgment on the part of an officer. He must be able to assess many factors bearing upon the si

Related Essays

POLICE DISCRETION IN THE USE OF FORCE .... following question: Can the exercise of police discretion in the .... to or death of offenders occur, police officers often .... by many in society (Buchanan, 1993, p. 20 .... (1869 7 )

The American criminal justice system .... of actual enforcement (Eldefonso, Coffey & Grace, 1982, p. 110-111 .... that of enforcing the law invests tremendous discretion in the hands of America's police. .... (1592 6 )

Police Training .... were designed to limit individual police officer discretion and to .... "Police Training: Changes and Challenges." In Roger G. Dunham and Geoffrey P. Alpert (eds .... (3380 14 )

Uniform Crime Report Program .... Goldstein, J. (1993). Police discretion not to invoke the criminal process. .... Business Week, p. 96. Independent Banker. (1993, August). .... (4566 18 )

Police training academies .... were designed to limit individual police officer discretion and to .... "Police Training: Changes and Challenges." In Roger G. Dunham and Geoffrey P. Alpert (eds .... (3380 14 )

34). Another factor bearing upon the use of police discretion is the expectation of the particular community. Wealthier communities tend to have higher expectation of officers in the areas of peace-keeping and social service. Poverty areas have fewer of these types of expectations and merely turn to the police for crime events. Discretionary decisions in both cases must be made regarding the priority of each call. Obviously an armed robbery would take precedence over a kitten stuck in a tree. But the police do not like to be bored and will take lower priority calls if there is nothing else to do. David Bayley calls such prioritizing the "postponability" of requests (139). Skilled officers make referrals to a wide network of other individuals and agencies that might be better equipped to handle social service functions. Referrals may pertain to problems involving abortion, alcoholism, mental illness, marriage, domestic conflict, unemployment, and drugs (Bayley 139). Police officers may also work closely with ambulance services, detoxification centers, juvenile shelters, and homes for battered women. Bayley's figure on the following page shows the various social influences on the police worker's decision in any given sit

Category: Government - P