Define Police Discretion
It isn't feasible to expect a police officer to enforce every law to the letter. The criminal justice system requires officers to have flexibility in dealing with cases since the interests of justice do not require all offenders to be punished to the full extent of the law. Officers exercise a large amount of police discretion in dealing with cases, and it is important to understand how this works.
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Definition
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Police discretion is a police officer's authority to decide how and when to enforce the law. Officers have wide latitude when determining how best to deal with any situation they encounter, whether it is letting a speeder go with a warning or taking someone to jail. Criminologist James Inciardi notes three main areas where officers exercise discretion: selective enforcement, resource allocation and special circumstances.
Necessity
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Inciardi says police discretion is a necessity in the criminal justice system. The need arises from the limited resources of the criminal justice system, ambiguity in criminal statutes and conflicting demands for enforcement from the public.
Selective Enforcement
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While a law might seem clear, it might also be clear that full enforcement was never intended by lawmakers. An officer may choose to overlook a friendly poker game, even though it is clearly illegal under a state's gambling statute, since the legislature was likely targeting organized gambling, not basement poker games.
Resource Allocation
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Officers exercise discretion when full enforcement of the law places far too much strain on the justice system's already limited resources. This can range from choosing not enforce a minor speeding infraction in an effort to focus on more dangerous drivers to neglecting to investigate a complaint from a drug user that his dealer sold him bad marijuana.
Special Circumstances
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Officers exercise discretion in situations where full enforcement isn't warranted, such as a first-time shoplifter who is otherwise a law-abiding citizen. Officers may choose to avoid making an arrest if the suspect agrees to return and pay for any merchandise taken. The offender learns a lesson while being spared the social stigma of being convicted of a crime.
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References
- Photo Credit grendelkahn/Flickr.com
Comments
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I'm holding my policing america book in front of me and it says Discretion. "Enforcing the spirit of the law, not the letter, giving people a break, showing empathy, and not being hard-nosed, hardheaded, or hard-hearted". I looked up another definition of that too and it is how police men make decisions. Hmm... Perhaps my college book is wrong or something, but it is a policeman trait. I'm confused. Reference: Peak, K.J. (2009). Policing America-Best Challenges and Practices. p. 125 (6th Ed.) Upper Saddle River, NJ: Pearson Prentice Hall.
