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Discretion in Danger

NCJ Number
126613
Journal
Policing Volume: 6 Issue: 2 Dated: (Summer 1990) Pages: 422-439
Author(s)
I McKenzie
Date Published
1990
Length
18 pages
Annotation
The lack of public confidence in the police, which has been documented in England and Wales, seems to be due in part to the vast degree of discretion afforded to police officers. While police are governed by a large set of rules, the more rigorous a rule seems, the less efficient it becomes as a regulator of behavior.
Abstract
The author points out that there are many occasions when discretion or interpretation are both necessary and permissible, whereas they may not be acceptable under other circumstances. However, it is possible to categorize levels of discretion, thereby creating a structure that has some room for potential democratic intervention. The six categories of police discretion that cover executive and operational matters include choosing objectives, issuing licenses and permits, determining field procedures and internal administrative issues, choosing investigative methods, choosing intervention methods, and choosing alternative forms of disposition. It seems that potential public involvement in police discretion could occur in the executive discretionary categories. 2 figures and 21 references

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