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Police in America

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. Seriousness of the crime The more serious, the more likely an arrest

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Police in America

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  1. Police in America Chapter Eight Police Discretion

  2. Discretion • Definition of discretion • Official action • By a criminal justice official • Based upon that individual’s judgment about the best course of action

  3. Seriousness of the crime The more serious, the more likely an arrest Strength of the evidence The stronger the evidence, the more likely to arrest Preference of the victim Relationship between victim and suspect Arrests are more likely when victim and suspect are strangers 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

  4. 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

  5. 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

  6. Control of discretion • Professionalization of the police • Written policies • Written rules • Policies • SOP • Civilian oversight S.O.P. SOP

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