Explain the factors of police discretion that influence a police officer's decisions.

Question

What will be an ideal response?

Answer 1

Answers will vary. A police officer's beliefs, values, personality, and background all enter into his or her decisions. Assuming that most police officers stay on the right side of the Constitution in most instances, four other factors generally enter the discretion equation in any particular situation. First, and most important, is the nature of a criminal act. The less serious a crime, the more likely a police officer is to ignore it. A person driving 60 miles per hour in a 55-miles-per-hour zone, for example, is much less likely to be ticketed than someone doing 80 miles per hour. A second element often considered is the attitude of a wrongdoer toward the officer. A motorist who is belligerent toward a highway patrol officer is much more likely to be ticketed than one who is contrite and apologetic. Third, the relationship between a victim and an offender can influence the outcome. If the parties are in a familial or other close relationship, police officers may see the incident as a personal matter and be hesitant to make an arrest. The fourth factor of the discretion equation is departmental policy. A policy is a set of guiding principles that law enforcement agents must adhere to in stated situations. Departmental policy can have the effect of limiting police discretion. Policies must be flexible enough to allow for officer discretion, but at the same time be specific enough to provide the officer with a clear sense of her or his duties and obligations.