Running head: Police Discretion
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Police Discretion
Malcolm Isaac Gonzales
CJ210-M01
4/10/15
Steve Nance
Police Discretion
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Abstract
Law enforcement, one of the most important facets of civilized countries such as the United
States, is a system that leaves a lot up to each individual officer to make the correct decisions.
These decisions, collectively known as discretion, can at times determine life or death in a given
situation. This paper will include information about the usage of discretion in police work and
suggestions about how discretion can be controlled.
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Police Discretion
What comes to mind when a person hears the word “discretion?” Do they think about
those warnings before disturbing television moments? Those messages that say “Viewer
Discretion is Advised?” Well, what they should think of when it comes to discretion is its usage
within policing. Lately, here in the United States, discretion and its usage among police officers
has become a hot topic, with notable incidents such as Ferguson and even here in Albuquerque,
New Mexico. These incidents have lead many people to ask themselves how much discretion
police officers should be allowed to use, especially if many have proven they aren’t competent to
use it correctly.
The thing that should be said about discretion is that there is no fool-proof litmus test as
to when an officer should use a certain amount of force. If an officer feels that his/her life is
being threatened, they may use lethal force to eliminate the threat. Conversely, the officer may
choose to use less-than-deadly force to restrain the suspect(s) without the need for any casualties.
It is essentially the officer’s decision, and often these decisions are made in high-pressure
situations, situations that don’t allow the time for a lot of thinking through things. These
decisions must be made in seconds. Imagine all that goes through an officer’s head during those
seconds. They are probably thinking about whether or not the suspect will die, whether or not
they will die, what the consequences of the action could be, as well as other anxiety-inducing
thoughts. All of that in a matter of seconds. While we love to criticize the police and their use
decision, if we have never been in their shoes during an intense situation, what does our opinion
matter?
It’s easy to judge the police officers that make bad decisions. The media in the United
States loves to break stories about all the bad things that officers do. In reality, however, police
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do a lot more good than bad, but nobody focuses on those things, because those sorts of
behaviors are what are expected from civilians. It’s only when officers misuse their power or
discretion that we all of a sudden have a profound interest in policing and the powers and
privileges that come along with the badge. People who have no interest or no knowledge about
the issues in policing become experts when negative policing incidents occur. Policing overall is
not nearly as corrupt or terrible as someone would be lead to believe. Media is and has always
been a factor in changing people’s behavior and attitudes toward any given number of problems
in society.
Now that we have talked about discretion itself, let’s take a look at what can be done to
control it and ensure its usage is legitimate and well-performed. Anything that needs to get done
needs to start at the top. Technically, “the top” would begin with our very own president, Barack
Obama. Issues in policing is a topic which has actually been a conversation-point with President
Obama, but it seems like only the incidents that involve some sort of racial aspect. It seems as
though rather than addressing every major incident that comes along, President Obama only
makes addresses about ones involving African-American victims. This should show people that
race is still a relevant issue in modern American society. This sort of leads into another point
concerning discretion usage, and that is discrimination and bias. It’s no secret that racism in the
police force is alive and well, though maybe not as widespread is in years previous.
The number of African-Americans and Hispanics in prisons continues to rise each and
every year. Police still stereotype different ethnicities and religions, assuming that people in
those groups are always up to no good. Who is a police officer more likely to stop, a petite young
blonde lady, or an African-American man with baggy pants and a sideways hat? While most
people assume that it must be the African-American that is up to criminal acts, it very well could
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be the young woman. Stereotypes are another reason why there is so much racial tension still
existing not only here in America, but throughout the world. Police use their discretion to discern
that individuals of color are up to shady dealings, and while sometimes they are correct in
assuming so, too often they are simply hassling people of different races and ethnicities.
There are many situations during the course of policing that would require an officer to
use his/her discretion:
1. A person is pulled over for speeding. They explain that they were driving fast because
they were trying to make it to the hospital to visit a dying relative. The officer decides to
let them go, and while they broke the law, doesn’t penalize the person. The action here
would be reasonable and for a good cause.
2. A person who is wanted for questioning agrees willingly to come along with police. The
officers for some reason decide to use their Taser and shock him and roughly drag him to
the vehicle. That would be abuse of power and incorrect use of discretion.
3. Police attempt to bring in a high profile suspect. They have guns pointed, and the suspect
reaches quickly into his pocket. The police shoot and kill him, assuming he was reaching
for a gun. They were reasonable in doing so as their lives were threatened.
4. Police spot a Hispanic man with his hood on walking through a residential neighborhood.
They assume he’s up to no good and begin questioning him an arresting him. They
abused their power because their actions were based on assumptions.
5. An officer pulls over an elderly lady for reckless driving. She is very old and weak with
poor eyesight. The cop, instead of arresting or ticketing her, gets in touch with one of the
lady’s friends to come pick her vehicle up and gives her a ride home. A reasonable use of
discretion.
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6. Police receive a call asking them to enter a certain high-crime area due to a burglary.
Police, fearing it is an ambush, choose not to respond without plenty of backup and
maybe even SWAT. They made a judgement call based on the location and history.
7. A male is caught with a small amount of drugs, but officers book him on distribution.
This was an abuse of power, they were making an example out of the suspect.
8. An officer decides not to ticket a car parked in the wrong zone as the owner races out of
the building to explain herself. The cop uses discretion to give the woman a break and do
a good deed.
9. Police officers decide to beat down an elderly man for resisting arrest, nearly killing him.
Poor use of discretion and could be considered police brutality.
10. An officer resolves a domestic dispute between a troubled couple, settling them down and
not handing out any punishments
Conclusion
Discretion in policing, while at times unethical, is a mechanism that is necessary
in order for the police to effectively perform their job.
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References
Do police officers have too much or too little discretion? (2014, February 9). Retrieved April 6,
2015, from http://www.policeone.com/investigations/articles/6878880-Do-policeofficers-have-too-much-or-too-little-discretion/
Kinsey, R. (2010, February 15). Discretion is the measure of a police officer. Retrieved April 5,
2015, from http://www.annarbor.com/news/discretion-is-the-measure-of-a-police-officer/
Police Discretion. (2012, September 1). Retrieved April 6, 2015, from http://criminologyarticles.blogspot.com/2012/09/police-discretion.html
Police Discretion. (n.d.). Retrieved April 5, 2015, from
http://www.rynardlaw.com/Pages/PoliceDiscretion.aspx
Schubert, J. (n.d.). Police Discretion: Definition, Examples, Pros & Cons | Study.com. Retrieved
April 7, 2015, from http://study.com/academy/lesson/police-discretion-definitionexamples-pros-cons.html
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