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Police Discretion

NCJ Number
136646
Journal
Law and Order Volume: 40 Issue: 3 Dated: (March 1992) Pages: 101-107
Author(s)
C E Pratt
Date Published
1992
Length
7 pages
Annotation
Most of the policing innovations being tried in an effort to address rising crime along with cuts in police budgets have in common an increased level of individual police discretion and the encouragement of leadership and decisionmaking at all levels, particularly in the field.
Abstract
These approaches include team policing, the use of civilians for some positions, and crime prevention programs requiring community involvement. In effect, police are increasingly being allowed to approach true professionalism. Although police have long considered themselves to be professionals, they have lacked two crucial elements: adequate training and freedom of discretion. They have been trained to make few decisions on their own and are trained to perform in accordance with prescribed standards intended to assure that they treat everyone alike. For decades the United States Supreme Court has issued decisions designed to limit police discretion. However, since the Terry decision in 1969, the Court has recognized that discretion is a central part of police methods. Courts have repeatedly ruled that police officers have both training and experience not common to others, based on which they should use increasingly wide discretion. Therefore, police supervisors should encourage the increased use of discretion, which is crucial to police effectiveness.