Police in America
Chapter Eight
Police Discretion
Discretion

Definition of
discretion
• Official action
• By a criminal justice
official
• Based upon that
individual’s judgment
about the best
course of action
Factors influencing discretionary
decisions

Seriousness of the
crime
• The more serious,
the more likely an
arrest

Preference of the
victim
Relationship between
victim and suspect
• Arrests are more likely
when victim and suspect
are strangers

Strength of the
evidence
• The stronger the
evidence, the more
likely to arrest


Demeanor of the
suspect
• Disrespect toward the
police means arrest

Characteristics of the
victim
• Moral judgment of the
officer of the victim
Factors influencing discretionary
decisions

The influence of race and gender
• Black suspect, white victim
• Behavior of a female victim

Police-Citizen Interactions
• Citizens reaction to officer request
–
–
–
–

No resistance
Slight resistance
Moderate or high resistance
Violent or explosive resistance
The neighborhood environment
• High crime or low crime areas
Factors influencing discretionary
decisions

Characteristics of the individual officer
• Does not appear to have a major influence on
police behavior

Official Department Policy
• Powerful influence

Informal organizational culture
• Watchman
• Legalistic
• Service

Local political culture
• Community priorities
Control of discretion


Professionalization
of the police
Written policies
• Written rules
• Policies
• SOP

Civilian oversight
S.O.P.