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POLICE DESCRETION

Explore police discretion variables, factors influencing arrest decisions, myths about homelessness, and controlling police behavior. Learn about the impact of laws, political pressure, and societal opinions on policing practices.

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POLICE DESCRETION

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  1. POLICE DESCRETION THE POWER OF POLICING

  2. Variables Affecting Police Arrest Decisions • Offender Variables • Age • Race • Socioeconomic • Demeanor • Situation Variables • Offense • Criminal history • Weapons • Visibility • System Variables • Law & penalties • Political pressure • Training • Peer groups • Alternatives to arrest

  3. Factors Affecting the Decision to Invoke the Criminal Justice Process • Offender Variables • Age, Race, and Gender • Socioeconomic Status • Demeanor • Mental Health • Situational Variables • Seriousness of Offense • Weapons Present or Used • Personal or Property crimes • Citizen- or Police-Initiated Action • Witnesses or Presence of Citizens • System Variables • System Capacity to Process Offenders • Severity of Penalty and Offense • Community Opinion & Needs • Department Size, Structure, and Norms • Availability of Alternatives to Arrest

  4. Special Discretionary Situations • Domestic Violence • Vice Crimes • Prostitution • Pornography • Gambling • Hate Crimes • Homelessness • Public Intoxication

  5. Problems with Vice Enforcement • The laws are almost unenforceable. • There is no uniformity in the manner in which vice laws are enforced. • Vice laws encourage illegal activities by police officers. • Enforcement of vice laws is extremely time-consuming and expensive. • Vice laws encourage police corruption. • Vice laws encourage organized crime.

  6. Myths and Facts About the Homeless • MYTH 1: Today there are jobs for every one and homeless people just don't want to work. • FACT: Many people work but are still homeless. • MYTH 2: Homeless people are all crazy or drunk. That's why they're homeless. • FACT: Only 20-25% of the single adult homeless population suffers from severe mental illness; similarly, while there is no generally accepted "magic number" about the percentage of homeless adults with addiction disorders, the frequently cited figure of about 65% is probably at least double the real rate for current addiction disorders among all adults who are homeless in a year. Source: National Coalition for the Homeless (1998). Myths and Facts. Washington, D.C. NCH.

  7. Myths and Facts About Homeless (Cont) • MYTH 3: There are plenty of shelters and services for homeless people. People on the streets don't want help. • FACT: In most cities, there are far more people in need of shelter than available shelter beds. • MYTH 4: America's generous welfare policies and extensive safety net prevent children from becoming homeless. • FACT: Declining welfare benefits and housing assistance have contributed to record numbers of children who experience homelessness in the United States. • MYTH 5: Homelessness is an urban phenomenon. It is very rare in rural areas and the suburbs. • FACT: People become homeless in all areas of the country -- in small towns, suburbs, and rural areas.

  8. Controlling Police Discretion • Internal Controls • Policies & Procedures • Training • Supervision • Internal Investigations • External Controls • Legislative Control • Laws, Funding, Oversight • Judicial Control • Case law, Civil Liability, Convictions • Citizen Review Boards

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