Police in AmericaPolice in America

Chapter EightChapter Eight

Police DiscretionPolice Discretion

DiscretionDiscretion

Definition of Definition of discretiondiscretion• Official actionOfficial action• By a criminal justice By a criminal justice

officialofficial• Based upon that Based upon that

individual’s judgment individual’s judgment about the best about the best course of actioncourse of action

Factors influencing discretionary Factors influencing discretionary decisionsdecisions

Seriousness of the Seriousness of the crimecrime• The more serious, The more serious,

the more likely an the more likely an arrestarrest

Strength of the Strength of the evidenceevidence• The stronger the The stronger the

evidence, the more evidence, the more likely to arrestlikely to arrest

Preference of the Preference of the victimvictim

Relationship between Relationship between victim and suspectvictim and suspect• Arrests are more likely Arrests are more likely

when victim and suspect when victim and suspect are strangersare strangers

Demeanor of the Demeanor of the suspectsuspect• Disrespect toward the Disrespect toward the

police means arrestpolice means arrest Characteristics of the Characteristics of the

victimvictim• Moral judgment of the Moral judgment of the

officer of the victimofficer of the victim

Factors influencing discretionary Factors influencing discretionary decisionsdecisions

The influence of race and genderThe influence of race and gender• Black suspect, white victimBlack suspect, white victim• Behavior of a female victimBehavior of a female victim

Police-Citizen InteractionsPolice-Citizen Interactions• Citizens reaction to officer requestCitizens reaction to officer request

– No resistanceNo resistance– Slight resistanceSlight resistance– Moderate or high resistanceModerate or high resistance– Violent or explosive resistanceViolent or explosive resistance

The neighborhood environmentThe neighborhood environment• High crime or low crime areasHigh crime or low crime areas

Factors influencing discretionary Factors influencing discretionary decisionsdecisions

Characteristics of the individual officerCharacteristics of the individual officer• Does not appear to have a major influence on Does not appear to have a major influence on

police behaviorpolice behavior Official Department PolicyOfficial Department Policy• Powerful influencePowerful influence

Informal organizational cultureInformal organizational culture• WatchmanWatchman• LegalisticLegalistic• ServiceService

Local political cultureLocal political culture• Community prioritiesCommunity priorities

Control of discretionControl of discretion

Professionalization Professionalization of the policeof the police

Written policiesWritten policies• Written rulesWritten rules• PoliciesPolicies• SOPSOP

Civilian oversightCivilian oversight

S.O.P.S.O.P.