Factors that influence police discretion. III. Environmental Factors Affecting Police Discretion 2022-10-23

Police discretion is the ability of a police officer to make decisions on their own in the field without being bound by strict rules or protocols. It allows officers to use their judgment and experience to make decisions that best serve the interests of the community and the law. While police discretion is a necessary part of policing, it can also be a controversial issue because it can be influenced by various factors that may not always align with the principles of justice and fairness.

One factor that can influence police discretion is the culture of the police department. The culture of a department can be shaped by its history, values, and traditions, as well as the attitudes and behaviors of its members. If a department has a culture that values aggression and toughness, for example, officers may be more likely to use their discretion to take a hardline approach to law enforcement, even in situations where a more conciliatory approach might be more appropriate.

Another factor that can influence police discretion is the individual characteristics and biases of the officer involved. Like all people, police officers bring their own experiences, values, and biases to their work, and these can influence the way they use their discretion. For example, an officer who has had negative experiences with a particular racial or ethnic group may be more likely to use their discretion to take a harsh approach to law enforcement when interacting with members of that group.

The community context in which police officers operate can also influence their use of discretion. If a community has high levels of crime and disorder, officers may be more likely to use their discretion to take a more aggressive approach to law enforcement. Conversely, in communities with lower levels of crime, officers may be more likely to use their discretion to take a more lenient approach.

Finally, the legal and policy frameworks within which police officers operate can also influence their use of discretion. For example, if a jurisdiction has strict mandatory minimum sentences for certain offenses, officers may be more likely to use their discretion to charge suspects with those offenses, even if they believe a lesser charge might be more appropriate. Similarly, if a jurisdiction has lenient sentencing guidelines, officers may be more likely to use their discretion to charge suspects with lesser offenses.

In conclusion, police discretion is a necessary and important aspect of policing, but it can also be influenced by a range of factors, including the culture of the police department, the individual characteristics and biases of the officer, the community context, and the legal and policy frameworks within which officers operate. Understanding these factors can help us to better understand the ways in which police discretion is exercised and to identify ways to promote more fair and just policing practices.