Police discretion is the unspoken right of the police to make choices or options in certain situations taking into consideration the factors and conditions existing at the time the choice is made. There are specific instances when police discretion is called for, among which are: making arrests, stopping, questioning and frisking, using physical or deadly force, and reporting or investigating a crime. Herbert Jacob identified four primary factors that affect this exercise. The degree of the crime can limit the exercise of discretion, particularly in serious crimes where there is little room for exercising discretion. Another factor is the relationship between the victim and perpetrator. A close relationship usually gives the officer the option to withhold arrest. Likewise, the relationship between the police and the other parties can affect discretion. Respectful individuals usually get the attention and sympathy of the officer. Lastly, department policies can either limit or be generous with police discretion (Dempsey and Forsyth 2013, p. 140-142).
Law enforcement should have the ability to practice police discretion. Policing entails being present on the scene giving the officer the opportunity to survey and observe the conditions accompanying the events. The task of the police is to enforce the laws, but the laws cannot be all-inclusive or detailed or foresee all and every minutiae of each and every criminal activity. Police discretion is important and distinguished from the discretion used by other professionals because of its extraordinary nature that can significantly impact on citizens. If the officer, for example, decides not to implement the law on certain occasions, this prevents the entry of a person into the system (Perez 2010, p. 43). The discretion to make such choices is important especially in trivial offences committed by the youth and other disadvantaged persons. This also allows the police to focus on the more serious crimes and use government resources for more important matters (Dempsey and Forsyth 2013, p. 141).
References
Dempsey, J. and Forsyth, L. (2013). An Introduction to Policing. Cengage Learning.
Perez, D. 2010. Paradoxes of Police Work. Cengage Learning.
