Police in America

1
Police in America

• Chapter Eight
• Police Discretion

2
Discretion

• Definition of discretion
• Official action
• By a criminal justice official
• Based upon that individuals judgment about the
  best course of action

3
Factors influencing discretionary decisions

• Seriousness of the crime
• The more serious, the more likely an arrest
• Strength of the evidence
• The stronger the evidence, the more likely to
  arrest
• Preference of the victim

• Relationship between victim and suspect
• Arrests are more likely when victim and suspect
  are strangers
• Demeanor of the suspect
• Disrespect toward the police means arrest
• Characteristics of the victim
• Moral judgment of the officer of the victim

4
Factors influencing discretionary decisions

• The influence of race and gender
• Black suspect, white victim
• Behavior of a female victim
• Police-Citizen Interactions
• Citizens reaction to officer request
• No resistance
• Slight resistance
• Moderate or high resistance
• Violent or explosive resistance
• The neighborhood environment
• High crime or low crime areas

5
Factors influencing discretionary decisions

• Characteristics of the individual officer
• Does not appear to have a major influence on
  police behavior
• Official Department Policy
• Powerful influence
• Informal organizational culture
• Watchman
• Legalistic
• Service
• Local political culture
• Community priorities

6
Control of discretion

• Professionalization of the police
• Written policies
• Written rules
• Policies
• SOP
• Civilian oversight

S.O.P.
SOP