Lecture 11: Police Discretion and the Police Use of Force

Definition: Police discretion refers to the autonomy police officers have in decision-making during various situations (e.g., call outs, arrests)
Importance of Discretion
- Essential for effective policing: Officers must adapt to unique situations and apply problem-solving skills
- Need to balance law enforcement with community relations: Over-enforcement could lead to public alienation and resource depletion
Potential Misuse of Discretion
- Discretion can introduce biases, leading to discrimination in decision-making processes
- Some argue that discretionary powers should be limited to prevent misuse

Youth Crime
- Age of criminal responsibility in Canada starts at 12
- Research indicates incarceration of youth can increase future criminal behavior
- Informal handling of youth interactions:
  - Warnings or returning wayward youth to parents are common.
  - 30-40% of interactions with youth dealt with informally, reflecting the consensus that formal legal mechanisms may not be effective.
Mental Illness
- Shift from institutional care to community living has increased police interactions with individuals with mental illness
- Officers have several options for responding:
  - Arresting the person as a formal action
  - Escorting individuals to hospitals during crises
- Recognizes the complexities of engaging with mentally ill individuals in public.
Domestic Violence
- Historical police reluctance to respond to domestic violence incidents
- Legislative changes pressing officers to act (arrest aggressors)
- Decision-making challenges arise from economic factors and victim dynamics (e.g., breadwinner status)
- Options include separation of parties and providing resources (e.g., shelter information).
Use of Force Situations
- Discretionary decisions on employing force depend on contextual factors (e.g., nature of confrontation)
- Acknowledgment of the ambiguity in determining appropriate force levels.

Situational Variables:
- Environment: Arrest likelihood increases in public versus private settings.
- Presence of senior officers impacting decisions of junior officers.
Legal Factors:
- Seriousness of crimes
- Strength and quality of available evidence.
Extra Legal Factors:
- Victim’s preferences (desire for arrest versus informal resolution)
- Victim-suspect relationship dynamics
- Suspect’s demeanor towards police (attitude test)
- Socioeconomic considerations of neighborhoods.

Racial, economic, and gender biases in discretionary practices widely documented
Noteworthy Statistics and Studies:
- Albenese 1999 Meta-analysis: Found mixed evidence regarding race as a factor in police decisions; methodological issues cited.
- New York Zero Tolerance Policies: Disparities observed in stop-and-frisk incidents among minority groups.
- Ottawa Study (2013-2015): Documented disproportionate traffic stops based on race (e.g., Middle Eastern and Black drivers)
- Middle Eastern men aged 16-24 had stopping rates 12x higher than expected,
- Black men in the same cohort had stopping rates 8.3x higher.

Definition: Random police stop to collect information on individuals, aimed at preventing crime.
Impact of findings from the Toronto Star on political discourse surrounding carding.

Police discretion is most hotly debated in the context of using force.
Deadly Force: Defined as force intended to inflict serious injury or death.
- Historical context: Pre-1995 officers could use deadly force without establishing necessity that suspects posed immediate danger (Roach 1999).
- Post-1995: Legislation changed to establish that deadly force can only be used under reasonable grounds to prevent imminent harm.
Legal ambiguity creates challenges in applying discretion regarding the use of force.
- Examples highlight the high-pressure situations faced by officers leading to often reactive and sometimes excessive force.
Police fatalities statistics: About 2-3 officers killed per year in Canada, and 70 in the US highlight an inherent risk factor in police encounters.

Tasers classified as non-lethal weapons capable of delivering a high voltage (50,000 volts).
- Issues regarding inappropriate or unnecessary usage representative of a larger trend in response to perceived threats.
- Higher likelihood of fatalities linked to Tasers among individuals with ‘excited delirium’ symptoms.

Case Example: Robert Dziekanski incident in Vancouver Airport showcasing misuse of taser leading to fatality.
Cultural and Organizational Issues:
- The prevalence of excessive force is highlighted with individual officer behavior impacting broader communities.
- Schumann's Categories of Problematic Policing:
1. Rotten Apples: Individual officers misusing their positions.
2. Pervasive but Unorganized Misconduct: Majority misbehavior but without collaboration.
3. Pervasive and Organized: Institutionalized misconduct throughout the department.

Key forms of accountability: Royal Commissions, civil liability, and citizen oversight agencies.
Early Warning System: Proposed as a means to monitor and improve behaviors of problem officers by creating records of complaints.

Use of body cameras for police officers seen as a potential method for enhancing transparency and accountability.
Research shows mixed results on their overall effectiveness and acceptance among Canadian police forces, often due to technological limitations or political will.

Emphasis on the need for continued monitoring and potential restructuring of accountability measures within police organizations.
Importance of independent citizen oversight to enhance public trust and ensure appropriate policing standards.
Questions surrounding policy reform and policing structures remain crucial for future discussions on public safety and accountability.