How to Use Police Discretion
- 1). Define discretion. What is discretion in terms of the law? Plainly speaking, discretion is judgment. It is up to a law enforcement officer to pick apart the "gray area" of certain cases, to decide what is important for the safety of society.
- 2). Evaluate fair treatment. Discretion is not personal opinion. Discretion is not discrimination. It is the extra leg of an officer's work when society's norms and laws may not extend to certain situations. Of course, an individual cannot completely separate his personal values and ethics while on the job, but the eye of the law should be more steady than the opinions of just one individual.
A few variables that may lead to an officer using her discretion are offender, situation and system variables. For example, adults are taken as more solid witnesses than children, more serious crimes take precedence, and cops tend to be more lenient when the courts are jammed up with cases. - 3). Decide the severity of the situation. When officers are lenient, they often believe the crime would not match the hassle of hauling a suspect downtown, completing paperwork and all the motions involved. Therefore, the most important questions are: "Is this person a danger to society? Was the event that just took place a possible threat?" If it appears necessary that action be taken, then the answer is clear-cut. But police discretion is such a messy topic because it really falls in the hands of the individual officers--how they personally view the situation.
- 4). Know when to use discretion. Police often exercise discretion when they feel a situation is no longer safe. An officer shooting a suspect because the suspect reaches for a pocket--for what the cop fears could be a concealed weapon--is a form of discretion. Discretion is not black and white, not right or wrong. It may not come without consequences, for example, if the suspect shot was unarmed, but simply reached for a wallet or similar item. Police are advised to use discretion wisely, because it can be a powerful ally, but also a damaging friend.
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