Encyclopedia of Criminology and Criminal Justice Edition. Editors: Gerben Bruinsma, David Weisburd. Contents Search. Police Discretion in Law Enforcement. Authors Authors and affiliations Robert E. Worden Sarah J. Reference work entry First Online: 27 November How to cite. Overview Coercive authority is central to the police role, and the discretionary use of police authority is a decision-making process, as officers evaluate the situations in which they intervene and choose a course of action from among a set of alternatives.
This is a preview of subscription content, log in to check access. Bittner E The functions of the police in modern society. Bittner E Florence nightingale in pursuit of Willie Sutton: a theory of the police.
In: Jacob H ed The potential for reform of criminal justice. It is impossible for the police to detect all crimes all the time. However, even if the police were able to detect every crime, resources would not be sufficient to investigate each one and make an arrest. Discretion is needed to filter offences so that only those that are most important will be investigated, even though at times such discretion may be misused Tillyer and Klahm IV, Without discretion the police, and indeed the whole criminal justice system, would become overwhelmed with cases, resulting in public displeasure McLaughlin, Lipsky further asserts that discretion among police officers will always be mandatory due to the inevitable lack of resources and the need for an efficient service.
Decisions, ethically made, will allow for charges to be limited to only those that matter and will render the police service more efficient in prosecuting only such offences.
However, while efficiency is important in all public organizations, there is the danger that police agencies will lose their way if efficiency is promoted over ethical and rightful decisions concerning the protection of the public and if citizens are denied justice.
Rawls , p. The end result should never be efficiency at the expense of human rights and ethical policing. Dobel , p. Therefore, the goals of the organization can become ambiguous, caught between ensuring democracy and individual rights and promoting efficiency. Goal ambiguity can lead to placing the rights of individuals at lower levels of importance and can be further fostered by the different subcultures within the police service Lipsky, Goal ambiguity is consistent with some of the inherent problems faced by police officers in operational decision making.
Lipsky identifies a conflict that police confront between client-oriented goals, social-engineering goals, and organizational-centred goals, and spousal-assault policies are an example. In this instance, an officer is mandated to charge where there is evidence even if the officer feels charges are not appropriate and go against the goals of the client—for example, if the victim does not wish to pursue charges Rowe, Additionally, Punch suggests that systemic failures within policing organizations result in corruption: the outcome of a lack of control by managers who, he asserts, are all too willing to let rules be bent or broken.
At issue then, according to Panzarella and Punch , is the inability of police management to monitor and control the inevitability of police discretion. The goal is to lead officers in enabling the effective use of discretion rather than merely overseeing their every operational decision. Skip to content Chapter 7: Discretion, Supervision, and Leadership. Previous: 7. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency.
I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others.
Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions.
With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.
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