Meaning and Levels of Discretion

What is discretion?

An individual’s choice or judgment; latitude to make decisions within legal bounds.

What is discretion in policing?

An official action by a criminal justice official based on that individual’s judgment about the best course of action.

What are the three levels where discretion operates?

Street level, organizational level, and system level.

What are examples of street-level discretion?

Whether to stop, detain, warn, cite, arrest, or investigate.

What are examples of organizational discretion?

Department policies, standard operating procedures, training, culture, priorities, and resource deployment.

What are examples of system-level discretion?

Prosecutorial charging, judicial sentencing, budget allocation, and legislation.

What are downstream orientations?

Police may shape investigations based on what they expect prosecutors will later do and what they believe will meet prosecutorial standards.

What is full enforcement?

Responding to every known violation.

What is selective enforcement?

Prioritizing certain violations or responses.