11Police ProcessDae-Hoon KwakMichigan State UniversityCJ 335 Summer 20066/14/2006CJ 335 Summer 2006Lecture 12Police Discretion2Outline for the lecture6/14/2006CJ 335 Summer 2006• Define police officer use of discretion• Explain the sources of police discretion• Outline factors that influence discretionary decision-making• Understand strategies for controlling discretion• Comprehend how discretion is affected by administrative rule making3Discretion in Police Work6/14/2006CJ 335 Summer 2006• Definition- POs routinely make critical decisionsinvolving the life and liberty of citizens (e.g., domestic dispute arrests, mental health commitments, traffic enforcement, juvenile court referrals, and deadly force.. etc. ): “DISCRETION”- Definition: an official action by a CJ official based on that individual’s judgement about the best course of action4Discretion in Police Work (cont.)6/14/2006CJ 335 Summer 2006• Why is it important?- Police determines the system’s workload (i.e., Gatekeeper of CJ system)- The misuse of discretion by POs can result in abuses of citizens or ineffective management of police dept. Law/PolicyExerciseAbuse of Dis. :Illegal5Discretion in Police Work (cont.)6/14/2006CJ 335 Summer 2006• Limits on the Exercise of Discretion- Police discretion is governed by legal factors (e.g., supreme, state court decisions, State law) and Admin. factors (e.g., dept. policy, supervision)• Discretions in CJ system- Series of discretionary decisions: arrest through prosecution, trial, sentencing, and parole release6Aspects of Police Discretion6/14/2006CJ 335 Summer 2006• Potential Abuse of Discretion- Discrimination (vs. disparity)- Denial of due process- Police-Community relations problems- Poor personnel management- Poor planning and policy management• Positive Uses of Discretion- Proper exercise of professional judgement- Effective use of scarce resources- Individualized justice- Sound public policy•Best approach is not to eliminate it, but to control it27Decision Points and Decision Makers6/14/2006CJ 335 Summer 2006• Patrol Officer Decisions- To patrol an area more intensively than normal- To stop, question, or frisk a suspect- To write a crime report, make an arrest- To mediate a domestic dispute rather than arrest.. etc…• Detectives’ Decisions- To stop investigating a crime, to seek a warrant for a search.. etc…• Police Manager’s Decisions- To adopt CP or POP, to give high priority to traffic law… etc.8Underlying Sources of Police Discretion6/14/2006CJ 335 Summer 2006• Nature of the Criminal Law-Definitions of crimes are inherently vague- The police has to determine whether an incident fits the definition provided by law• Conflicting Public Expectations- The law reflect conflicting public expectations about what behavior should be illegal- This criminalizes much behavior that some people regard as acceptable forms of recreation and officers are caught between these conflicting expectations and use their discretion about the best course of action9Underlying Sources of P. Discretion (cont.)6/14/2006CJ 335 Summer 2006• The Work Environment of Policing-No direct supervision- Police-Citizen encounters occur in private places, with no other observers present, therefore, officers have opportunity to choose whether course of action they prefer(i.e., policing has been described as low-visibility work)• Limited Police Resources- PDs are caught between the broad scope of the Criminal Law and their own limited resources- Full enforcement is impossible10The Social Organization of Arrest6/14/2006CJ 335 Summer 2006• Black (1971), the first systematic study of police• Method- Direct observation at Boston, DC, and Chicago PD- Focused on adult suspects and patterns of arrest in police encounter • Findings- Most arrest situations arise through citizen rather than police initiative- Arrest practices sharply reflect the presences of citizen complainants11The Social Organization of Arrest (cont.)6/14/2006CJ 335 Summer 2006• Findings (cont.)- The police are lenient in their routine arrest practices- Strong evidence is more likely to make an arrest- The probability of arrest is higher in legally serious crime situations than those of a relatively minor nature- The greater the rational distance between a complainant and a suspect, the greater is the likelihood of arrest- The probability of arrest increase when a suspect is disrespectful toward the police12Factors Influencing Discretionary Decisions6/14/2006CJ 335 Summer 20061. Situational Factors- The more serious crime, the more likely the officer is to make an arrest• Strength of Evidence- The stronger the evidence, the more likely to arrest• Preference of the Victim- Arrest is more likely when the victim or complaining parts asks for an arrest (vs. Mandatory arrest for DV)313Factors Influencing Dis. Decisions (cont.)6/14/2006CJ 335 Summer 2006• Relationship between Victim & Suspect- Arrests are more likely when the victim and offender are strangers, and are least likely when the two parties are married• Demeanor of the Suspect- The probability of arrest increases when a suspect is disrespectful toward police• Characteristics of the Victim- POs discounted the allegations of certain crimes whose life styles was nonconformist14Factors Influencing Dis. Decisions (cont.)6/14/2006CJ 335 Summer 2006• Race, Ethnicity, Gender of the Citizen- Black suspect, white victim (especially PC cases)- Behavior of a female victim- There is no conclusive research in this area about arrests decisions based on race- There is some evidence that women were treated differently if they conformed to traditional role stereotypes• Behavior of the Citizen (P-C interactions)- Officer actions are heavily influenced by what citizens do, or how officers perceive their attitudes and actions (e.g., force situation, no resistance vs. violent)15Factors Influencing Dis. Decisions (cont.)6/14/2006CJ 335 Summer 2006• Characteristic of the Neighborhood- High crime or low crime areas- Officers are more likely to make arrests and use deadly force in low income neighborhoods than in higher income areas• Characteristics of the individual officer- Individual officers’ gender, race, and education.. etc. - Do not appear to have a major influence on police behavior16Factors Influencing Dis. Decisions (cont.)6/14/2006CJ 335 Summer 20062. Organizational Factors• Official Dept. Policy- A powerful