Police discretion and decision-making

How does the nature of criminal law influence discretion?

- vague definitions, conflicting expectations

- law used for social and medical problems

What is police discretion?

The unwritten rule that police officers have the freedom to be selective in how they do their jobs, as long as they stay within departmental guidelines

Key elements of police discretion

- deciding which rules to apply to a situation

- deciding whether and how to apply them

What did Lord Scarman (1981) say about police discretion?

- undeniable that there is only one law for all

- "equally well recognised that successful policing depends on the exercise of discretion"

What did Goldstein (1960) say about discretion?

- an officer's decision not to investigate or report an incident that violates criminal law is a "possible failure of service"

At what rank is police discretion THE defining feature of work and most concentrated in?

The lower ranks of the police organisation

- 'street-level bureaucrats' - Lipsky, 1980

What are the sources of discretion?

- Nature of criminal law

- Police work environment

- Limited police resources

How does the nature of criminal law influence discretion?

- vague definitions, conflicting expectations

- law used for social and medical problems

How does the police work environment influence discretion?

- limited supervision of officers

- private encounters

How do limited police resources influence discretion?

- myth of full enforcement

What are police discretionary decisions?

- Recording crime

- Stops and searches

- Collecting evidence

- Making arrests

- Proactive investigations

- Case finalisation

What situational features of an incident influence discretionary decisions?

- seriousness of the crime

- strength of evidence

- victim preference

- relationship between victim and suspect

- suspect demeanour and condition

- victim characteristics

- numbers, volume or aggression

What immediate work environment features of an incident influence discretionary decisions?

- location

- time

What force characteristics influence discretionary decisions?

- specific/formalised policy

- professionalism/ bureaucratisation

What officer characteristics influence discretionary decisions?

- race

- gender

- education

How do problems with uncontrolled discretion have an influence?

- denial of equal protection under the law

- poor police-community relations

- poor personnel management

- poor planning and policy development