Police Psychology - Police Discretion
PSYC 3404 Police Psychology Study Notes
Police Discretion
Defining Police Discretion
Police discretion refers to:
The freedom that a police officer has for deciding what to do in a given situation.
Authority to Use Discretion
In Canada, officers have more authority to use discretion than in other jurisdictions due to various factors:
Court Cases
Judicial acknowledgment that discretion is a part of police duty.
Legislation
Laws that empower police with discretion.
Departmental Policies
Internal guidelines that outline discretion use.
Court Cases
Example: R. v. Beaudry (2007):
Courts recognize police discretion, emphasizing that:
Officers have a duty to enforce laws, but this duty isn't absolute.
Officers must adjust law enforcement to practical realities, which validates the necessity of discretion (Paragraph 35).
Police officers may exercise discretion not to engage the judicial process when there are reasonable grounds (Paragraph 37).
Legislation
Example: Youth Criminal Justice Act (2003):
Section 4 states:
(a) Extrajudicial measures can be appropriate and effective for youth crime.
(b) These measures should focus on correcting behavior timely.
(c) They are presumed adequate for non-violent offenders without prior convictions.
(d) Use is encouraged if it aligns with established principles, even for repeat offenders.
Areas Where Police Discretion is Required
Discretion is required in numerous policing scenarios:
Decisions on
Patrol routes
Traffic stops
Level of force to use
Appropriate actions (hospital vs. jail)
Making arrests vs. informal resolutions
Discretion decreases as the seriousness of incidents increases:
Minor violations allow more discretion (e.g., Vandalism).
Serious violations like Homicides show no discretion.
Key Research Areas
Historical studies of police discretion focus on:
Use of force
Interactions with mentally ill individuals
Interventions in domestic violence
Youth interactions
Key Points of Discretion
According to Roberg and Kuykendall (1993): Police discretion often occurs at three critical points:
Deciding whether to get involved.
Determining how to behave in an incident.
Selecting among alternatives during the incident.
Considering Use of Force
When deciding on involvement:
Assess the situation: What is happening? Who is involved? Environment?
Determine if intervention is necessary, ensuring safety.
When determining behavior in incidents:
Assess potential danger to yourself and others.
Evaluate need for backup.
Approach method and de-escalation strategies.
When selecting alternatives in an incident:
Assess individual actions and risk levels.
Determine appropriate force if necessary.
Evaluate options: presence, less-than-lethal, lethal force.
Is Police Discretion Good or Bad?
Discussion Prompts (5-minute consideration):
In what ways is police discretion beneficial?
In what ways could it be harmful?
The Bad Side of Discretion
Challenges associated with discretion include:
Lack of consistency across officers and agencies, raising fairness concerns.
Excessive power given to police without always having the necessary education or training.
Potential for biases and discrimination leading to misuse of power.
Inappropriate discretion can harm victims and damage public trust, contributing to issues like excessive force and racial profiling.
The Good Side of Discretion
Despite negative aspects, police discretion is generally seen as essential for effective policing due to:
Enabling police to focus on serious issues rather than minor infractions.
Allowing flexibility in applying laws, especially those not intended for strict enforcement.
Facilitating interpretation of vague laws.
Preventing alienation of the public and maintaining support for police.
Preventing system overload by avoiding full enforcement of minor infractions.
You Be the Police Officer…
Discretion can vary by numerous factors, notably:
Incident factors that an officer must consider.
Scenario 1
Context: Dane, shopping, accidentally triggers security alarm with game still in hand.
Discretionary Factors to Consider:
Dane's perceived honesty and remorse.
Past criminal justice involvement.
Store's theft incident frequency.
Security guard's account.
Shop owner's wishes.
Scenario 2
Context: Brooke, caught stealing medication to help pay rent, expresses remorse.
Discretionary Factors to Consider:
Brooke's honesty and remorse.
Past criminal justice encounters.
Shop owner's preferences.
Type and quantity of medication.
Factors That Influence Discretion
Influence of various factors on police discretion includes:
Environmental Factors:
Socio-economic status of the neighborhood.
Crime levels in the community.
Community-police dynamics.
External controls (court rulings).
Organizational Factors:
Departmental policies and philosophies.
Supervision and accountability levels.
Informal norms within the agency.
Situational Factors:
Crime seriousness.
Victim's harm and involvement.
Victim's wishes and characteristics.
Characteristics and demeanor of the subject (age, gender, race, hostility).
Controlling Police Discretion
While discretion is necessary, controls can be attempted through:
Within police agencies:
Enhanced supervision and training.
Internal affairs units.
Clear departmental guidelines and policies.
Sanctions for inappropriate use.
Outside police agencies:
Civilian oversight and citizen input.
Relevant legislation and social media scrutiny.
Summary
After this module, a comprehensive understanding includes:
Definition of police discretion.
Sources of authority for its use in Canada.
Areas necessitating discretion.
Advantages and disadvantages of discretion.
Challenges faced using discretion in practice.
Factors influencing police decision-making and methods to control discretion.