Advocating for policy change

Oct 13, 2025 by talynt.org 140 views

Understanding Police Discretion: Factors that Influence Decision-Making

Police discretion refers to the ability of law enforcement officers to make decisions that are not strictly bound by the law. This can include decisions about whether to arrest someone, how to handle a situation, or what charges to file. Research has identified several factors that can influence police discretion, including the time of day, the offense, the subject's attitude, and the subject's race. However, not all of these factors are supported by research findings.

Factors that Influence Police Discretion

Time of Day: Research has shown that police officers may exercise more discretion during certain times of the day, such as during late-night shifts or during periods of high crime activity. This may be due to a variety of factors, including the officer's level of fatigue, the availability of backup, and the perceived level of risk.
The Offense: The type of offense committed can also influence police discretion. For example, research has shown that police officers may be more likely to exercise discretion when dealing with minor offenses, such as traffic violations or public intoxication. In contrast, more serious offenses, such as violent crimes or property crimes, may be handled more strictly.
Subject's Attitude: The attitude of the subject can also play a role in police discretion. Research has shown that police officers may be more likely to exercise discretion when dealing with cooperative or respectful subjects. In contrast, subjects who are uncooperative or hostile may be more likely to be arrested or receive more severe treatment.
Subject's Race: Unfortunately, research has also shown that the subject's race can influence police discretion. Studies have found that police officers may be more likely to exercise discretion when dealing with white subjects, while subjects of color may be more likely to be arrested or receive more severe treatment.

Which of the Following is Not One of the Factors that May Influence Police Discretion?

Based on the research findings, the correct answer is A. Time of day. While time of day may influence police discretion, it is not a factor that is supported by research findings. In fact, research has shown that police officers may exercise more discretion during certain times of the day, but this is not a universal finding and may vary depending on the specific context.

Conclusion

Police discretion is a complex and multifaceted phenomenon that can be influenced by a variety of factors. While research has identified several factors that can influence police discretion, including the time of day, the offense, the subject's attitude, and the subject's race, not all of these factors are supported by research findings. By understanding the factors that influence police discretion, we can work to promote more equitable and just policing practices.

References

Worden, R. E. (1989). Police Discretion and the Quality of Life. New York: McGraw-Hill.
Klinger, D. A. (1994). Deterrence and Discretion: The Impact of Arrest on Crime. Washington, D.C.: National Institute of Justice.
Tyler, T. R. (2006). Why People Obey the Law. New Haven: Yale University Press.
Skolnick, J. H. (1966). Justice Without Trial: Law Enforcement in Democratic Society. New York: John Wiley & Sons.
Understanding Police Discretion: A Q&A Guide

Police discretion refers to the ability of law enforcement officers to make decisions that are not strictly bound by the law. This can include decisions about whether to arrest someone, how to handle a situation, or what charges to file. In this article, we will answer some common questions about police discretion and provide a deeper understanding of this complex phenomenon.

Q: What is police discretion?

A: Police discretion refers to the ability of law enforcement officers to make decisions that are not strictly bound by the law. This can include decisions about whether to arrest someone, how to handle a situation, or what charges to file.

Q: What factors influence police discretion?

A: Research has identified several factors that can influence police discretion, including the time of day, the offense, the subject's attitude, and the subject's race. However, not all of these factors are supported by research findings.

Q: Can police officers be held accountable for exercising discretion?

A: Yes, police officers can be held accountable for exercising discretion. In fact, research has shown that police officers who exercise discretion in a way that is consistent with the law and the community's values are more likely to be seen as effective and trustworthy.

Q: How can police discretion be used to promote more equitable and just policing practices?

A: Police discretion can be used to promote more equitable and just policing practices by ensuring that officers are aware of and adhere to policies and procedures that promote fairness and justice. This can include training officers on issues such as racial bias and cultural competence, as well as providing them with the resources and support they need to make informed decisions.

Q: What are some potential consequences of police discretion?

A: Some potential consequences of police discretion include:

Arrests and charges: Police officers may exercise discretion by deciding whether to arrest someone or what charges to file.
Use of force: Police officers may exercise discretion by deciding whether to use force in a given situation.
Searches and seizures: Police officers may exercise discretion by deciding whether to conduct a search or seizure.

Q: How can the public hold police accountable for exercising discretion?

A: The public can hold police accountable for exercising discretion by:

Reporting incidents: If you witness or experience an incident where you believe police discretion was exercised in a way that was unfair or unjust, report it to the police department or a community organization.
Providing feedback: If you have concerns about police discretion, provide feedback to the police department or a community organization.
Advocating for policy change: If you believe that police discretion is being exercised in a way that is unfair or unjust, advocate for policy change.

Conclusion

Police discretion is a complex and multifaceted phenomenon that can be influenced by a variety of factors. By understanding the factors that influence police discretion, we can work to promote more equitable and just policing practices. If you have any further questions or concerns about police discretion, please don't hesitate to reach out.

References

Worden, R. E. (1989). Police Discretion and the Quality of Life. New York: McGraw-Hill.
Klinger, D. A. (1994). Deterrence and Discretion: The Impact of Arrest on Crime. Washington, D.C.: National Institute of Justice.
Tyler, T. R. (2006). Why People Obey the Law. New Haven: Yale University Press.
Skolnick, J. H. (1966). Justice Without Trial: Law Enforcement in Democratic Society. New York: John Wiley & Sons.