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- October 1990
-
-
- RESEARCH REVIEW
-
- POLICE USE OF DISCRETION:
- A COMPARISON OF COMMUNITY, SYSTEM,
- AND OFFICER EXPECTATIONS
-
- Research Conducted By
- Hal Hugh Nees,II
-
- Research Reviewed By
- David J. Icove, Ph.D.
- FBI Academy
- Quantico, Virginia
-
-
- Police officers display significant levels of discretion in
- how they handle various law enforcement scenarios, according to
- a research study conducted in conjunction with a doctoral thesis
- in Public Administration at the University of Colorado. For
- purposes of the study, the available choices were limited to the
- following: Take no action, warn the offender, refer to a social
- agency, issue a summons, or arrest an individual. The study also
- examines the officer's age, sex, ethnicity, education, geographic
- residence, marital status, and political orientation.
-
- The study entails the review of 20 incidents covering
- traffic violations, disturbances, drug and alcohol violations,
- prostitution, juvenile status crimes, vandalism, and gambling.
- All were misdemeanor offenses, with the exception of one
- involving the cultivation of marijuana. The sample groups of
- respondents included 1,077 police officers, probation officers,
- prosecuting attorneys, defense attorneys, judges, community
- leaders, and ordinary citizens in and around Colorado.
-
- The comparison of police officers to all other groups shows
- that officers tend to treat individuals more harshly when
- dealing with curfew violations, drugs and alcohol, prostitution,
- and vandalism. The survey groups generally thought that the
- officers need to act more harshly when handling traffic violators
- and gambling offenses. The study also points out that even
- members within each group do not always agree with each other.
-
- Officers handle intoxicated individuals differently,
- depending upon the suspect's attitude and demographics. It is
- more likely that cooperative individuals would be allowed to
- return home, while ``outsiders'' would be taken to jail.
-
- Educational level and the experience of officers have an
- impact on their decisionmaking process. Generally, the higher
- the officer's education, the fewer sanctions the officer would
- impose on an individual. However, the study implies that during
- the early years of police service, officers tend to act more
- harshly, tapering off during their mid-level years, and then
- gradually escalating their choice of sanctions in the final years
- of their careers.
-
- The results of this study recommend that law enforcement
- agencies can take significant steps in the area of ``discretion
- management'' the ability of a jurisdiction to uniformly and
- fairly exercise levels of discretion by their officers. This
- research reinforces previous studies that show that boundaries of
- discretion are defined too generally by many law enforcement
- agencies. The study also questions whether law enforcement
- agencies reflect the priorities within their individual
- communities.
-
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-