Police discretion involves officers not strictly adhering to rules and instead using their own judgement to handle certain cases. It can be divided into two types: discretion as judgement, where officers use their competence to apply rules without following orders, and discretion as choice, where officers have the freedom to make decisions or contribute their own input even if those decisions can be overruled by superiors (Gaines & Miller, 2009). Discretion involves making moral choices based on wisdom gained from experience, allowing officers to assess individuals, situations, and arguments. There are different policy options for police discretion, including restrictive policies that have extensive rule books and impose severe limitations on officer judgement in specific situations.
Discouragement policies focus on extreme or critical situations that police officers may encounter. The judgmental policies, on the other hand, offer general guidance applicable to
...all situations. Interestingly, these policies are the easiest for officers to terminate based on their own judgment (Gaines & Miller, 2009). Discretion variables encompass factors related to offenders such as age, gender, economic status, and health.
Situation variables influence the decisions made by police officers, such as the type of property involved in a crime or the severity of the case. Additionally, there are system variables that arise within the societal system when officers exercise discretion (Gaines & Miller, 2009). The negative consequences of this policy occur when officers misuse their rights to exercise discretion, leading to corruption.
Police officers can have varying viewpoints on a crime, and an individual's traits can influence their judgments regarding particular crimes. In certain instances, officers who hold racist beliefs may apprehend individuals based on their ethnicity.
Reference
- Gaines, L. K.,
; Miller, R. L. R. (2009). Criminal justice in action. Australia: Thomson Wadsworth.
