What is meant by discretionary use of police authority, and what are some of its advantages, disadvantages, and factors that enter into the officer’s decision-making process?
What will be an ideal response?
The discretionary use of police authority refers to the need for police officers to make decisions as to which laws are enforced and which are not. Basically, when observing something of a suspicious or illegal nature, the officer must decide whether to intervene in the situation and how to intervene.
One advantage of discretion is that it allows officers to treat people as individuals and take the situation as well as the act into consideration. It allows the police to use a philosophy of justice tempered with mercy.
Among the disadvantages of discretion is the need to maintain the “myth of full enforcement,” because of both legal and political concerns. In addition, discretion results in different people receiving different treatment for committing essentially the same offense. Critics are also concerned that discretion may lead to corruption. Finally, the police do not know the consequences of their discretionary decisions.
A number of factors or variables enter into an officer’s decision as to whether and how to enforce the law. These include the law itself, the seriousness of the offense, the officer’s attitude, and the citizen’s attitude.
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