Chapter 11

Whose lives are affected by police discretionary decisions, and how big is that impact?

The impact on both the offender's and the officer's life is tremendous.

Which group had a wide disparity in court referrals across cities (9% arrested and referred in one city versus 71% in another)?

Juveniles.

What are the 3 Components that define discretion?

1. An Official Action, 2. By a CJ Official, 3. Based on that individual's judgment about the best course of action.

What happens to the amount of discretion an officer has as they move up the ladder in a police department?

Discretion decreases (a patrol officer possesses the most discretion).

What term describes police officers because their street decisions produce actual police policy on the ground?

“Street level Bureaucrats.”

How can discretion negatively impact how officers are reviewed at work?

It can lead to poor evaluations.

What is one proper use of discretion when an officer determines an alleged offense did not actually occur?

Unfounding a crime.

What overall policy benefit results from the proper use of police discretion?

It makes for better public policy.

Which area of policing uses discretion to make an arrest, stop or pursue a vehicle, use force, or patrol more intensively?

Patrol.

Which policing function uses discretion to mediate a domestic dispute, refer someone to social services, commit a mentally ill person, or suggest someone leave an area?

OM (Order Maintenance).

Which policing role uses discretion to stop working a case, seek warrants, conduct a stakeout, or question a subject?

Detective.

What is the 1st foundation of discretion, where a PO must respond to a situation and determine if the facts meet the legal definition of a crime?

Nature of criminal law.

What is the 2nd foundation of discretion, where criminal laws (such as those around gambling, drinking, or sex) clash with what the community wants?

Conflicting public expectations.

What is the 3rd foundation of discretion, where criminal law is widely used to handle homelessness and the mentally ill?

Social/Medical Issues.

What is the 4th foundation of discretion, which is secluded, unobserved, and known as “low visibility work” because most events occur privately without management present?

Work Environment of Policing.

What is the 5th foundation of discretion, where shorthanded officers must decide how to allocate their time and who to arrest as 911 calls keep coming in?

Limited police resources.

What is the 1st factor that limits discretion, consisting of court cases that guide POs on search/seizure, arrest, deadly force, and mandatory domestic arrests?

Legal factors.

Which factor limiting discretion involves official departmental policies (such as Miami's high-speed pursuit rule that reduced incidents by 82%)?

Administrative factors (official departmental policies).

What is the 3rd factor that limits discretion, involving oversight of all arrests through report review by a Sergeant?

3. Supervision.

Which factor limiting discretion involves peer expectations and informal controls inside a police department?

Organization Culture factors (informal organizational culture).

Which factor influencing police discretion makes an arrest more likely when the crime committed is severe?

Seriousness of offense (more serious, arrest more likely).

Which factor influencing police discretion makes an arrest more likely when there is solid proof against the suspect?

Strength of evidence (where evidence is strong, arrest more likely).

Which factor influencing police discretion makes an arrest more likely when the injured party specifically asks the officer to take action?

Preference of victim (when asked for, arrest is more likely).

Which factor influencing police discretion makes an arrest more likely when the two parties involved do not know each other?

Relationship between victim and suspect (when strangers, arrest more likely).

Which factor influencing police discretion is described as very important and fluid over the course of an encounter?

Demeanor of Suspect (very important factor; fluid over the course of an encounter).

Which factor influencing police discretion involves the officer making possible moral judgments about the person harmed?

Characteristics of victim (possible moral judgments by PO).

Which demographic factors have studies shown can lead to non-white individuals being arrested more often in similar circumstances?

Race, ethnicity, gender.

Which factor influencing discretion refers to how an officer's immediate work environment impacts their decision-making?

Characteristics of neighborhood.

Which factor influencing discretion accounts for the fact that different officers exercise discretion differently?

Characteristics of PO.

Instead of abolishing discretion, how do most experts view it and agree it should be managed?

Most agree it is a reasonable and inevitable consequence that should be regulated through written rules.

What is the method of control using written policies to guide discretion, which serves as the dominant approach in U.S. police management?

Administrative Rulemaking.

How does Administrative Rulemaking bridge the divide between broad laws and real-world policing?

It “fills in the gaps between law and practice by providing additional definitions to a specific situation.”

What are the 3 objectives of Administrative Rulemaking?

To confine, structure, and check discretion.

Which objective of Administrative Rulemaking fixes a clear boundary on officer actions—such as clearly spelling out when deadly force is authorized and when it is not?

Confining discretion.

Which objective of Administrative Rulemaking uses open policies and rules to eliminate secrecy, inform the general public, and open an atmosphere of trust?

Structuring discretion.

Which objective of Administrative Rulemaking ensures that officer decisions are automatically reviewed and examined by another person?

Checking discretion.

What is the purpose of a Standard Operating Manual (SOP)?

It is the general way to combine all rules.

What is the key limitation of written policies when it comes to guiding officer decision-making in the field?

Policy can confine discretion, but situations are always fluid.

Unlike overly complex guidelines that cause uncertainty, what effect do clear, written rules have on policing?

Clear, written rules generally make a PO’s job easier & still limit discretion