Law enforcement officers may have discretion in specific number of situations depending on local, state or federal laws that govern the extent and scope of application of this discretion. The law allows them freedom to make reasonable decisions as to what needs to be done in the particular situations Some of the main areas where use of discretion may be required include, inter alia, motor vehicle violations, driving under influence, drugs, domestic violence, juveniles and vice crimes. According to Bromitt and Stenning (2011), “discretion is a ubiquitous and legitimate aspect of modern policing” (p. 319). The law enforcement officers have to take into account public interest, the nine principles of policing and police guidelines when invoking discretion.
Motor Vehicle Violations
As Lichtenberg (2003) notes, the police have broad discretion for traffic enforcement purposes in situations where drivers are caught violating traffic codes and regulations such as through overlapping, using or overtaking from the wrong side of the road or blocking other motorists. In such situations, the law enforcement officers have the discretion to determine the existence of probable or reasonable cause to warrant an arrest or warning, issue summons or stop the motorist. Here, the conduct and demeanor of the driver is significant in making arrest decisions and so are age, sex, quotas, dates and shifts (Lichtenberg, 2003, p. 441).
Drugs
According to Moore (2016), in certain situations of misdemeanor crimes involving possession of drugs such as marijuana or for pedestrians walking along the road while under the influence of drugs and alcohol, law enforcement officers are required to use their own discretion or good judgment to determine whether or not to arrest. The use of this discretion as to arrest or release decision will normally depend upon the offender’s reaction and remorse.
Driving Under Influence
In cases where an individual is apprehended driving while drunk or under the influence of alcohol and other drugs, the police will use discretion to determine whether they are likely to harm themselves and other people before they can make an arrest. The law enforcement official has to decide in such a situation whether to issue a ticket or arrest.
Domestic Violence
The response and arrest decision of the law enforcement to case of domestic disputes is guided by discretion. An example of a situation in which discretion to arrest, for example, may be made is where one of the couples is aggressive and threatens to use force against the officer or their partner. The discretion may also vary in situations involving people with mental illness where the police must decide whether to call for emergency psychiatric treatment, handle the issue informally or make an arrest. The police have to consider, for example that arresting the breadwinner in such cases may hurt the family financially.
Juveniles
In situations where juveniles are involved in truancy, sexual acts, smoking of cigarettes, taking of alcohol, running away from school or home, disrespect for teachers and parents or minor theft, the police have the discretion to consider the minor’s welfare. In such situations, the law enforcement officials are required to use discretion to decide, depending on the juvenile law and the prevailing circumstance, whether it would be in the interest of juvenile justice to arrest the juvenile and bring them for questioning, involve the juvenile’s parents, prefer a charge or release them with a warning. The seriousness of the offence will normally guide this discretion.
Vice Crimes
In situations of criminal offences gainers public morality or order relating to pornography, nude dancing and prostitution or crimes involving gambling and sale of alcohol or drugs illegally, the police have to take into account the fact that there must be a complaint in order to secure conviction in such cases. They also have to make a choice between making an arrest and issuing warnings to those involved.
References
Bronitt, S., & Stenning, P. (2011). Understanding discretion in modern policing. Criminal Law Journal, 35, 319-332.
Lichtenberg, I. (2003). Police discretion and traffic enforcement: A govrnment of men. Cleveland State Law Review Journal, 50, 425-452.
Moore, K. (2016, October 18). Law enforcement officers use own discretion on some misdemeanor offences. The Topeka Capital-Journal. Retrieved May 22, 2016,from http://cjonline.com/news/2015-10-18/law-enforcement-officers-use-own-discretion-some- misdemeanor-offenses
