Identify and describe the different factors that commonly influence an officer's use of discretion.

Question

What will be an ideal response?

Answer 1

Factors that commonly influence discretion include legal factors, where discretion is inversely related to the severity of the offense. This means officers have more discretion when offenses are more minor, but there are stricter policies on their actions for more serious crimes, such as when a weapon is drawn. Environmental factors include the degree of discretion an officer will exercise being at least partially defined by the officer's living and working environment. For example, a community that looks the other way on police action and believes they are in charge of their own discretion allows more freedom for officers to do as they please. Communities that are concerned with certain issues could see officers responding more seriously to those issues. Departmental factors can influence an officer's discretion based on when and how the department operates. A department in a high-crime area with limited personnel could see officers utilizing greater discretion in an attempt to make up for lack of resources. Directives issued at how officers should behave will also have an effect. Peer factors deal with social influence. Other police officers dictate acceptable responses to street-level problems, and officers who want the respect and friendship of others will take their advice and abide by their norms. Situational factors could include the demeanor of the offender, the idea being the more surly and uncooperative the offender, the more likely they are to be hit with more severe crimes. The way a crime is encountered can also affect discretion depending on whether it came from an official dispatch or the officer happened upon it. Extralegal factors include the race, class, and gender of the offender or the victim. The idea is that certain groups will be treated more harshly or certain kinds of victims will lead to more serious treatment of the crime.