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POLICE DISCRETION

NCJ Number
52446
Journal
POLICE LAW QUARTERLY Volume: 8 Issue: 1 Dated: (OCTOBER 1978) Pages: 13-19
Author(s)
R HARDBERG; S PILCHICK
Date Published
1978
Length
7 pages
Annotation
THE ATTITUDES AND PERCEPTIONS OF FLORIDA POLICE OFFICERS WHO HAVE BEEN INVOLVED IN INITIATIVES TO INVOLUNTARILY INSTITUTIONALIZE PERSONS BELIEVED TO BE MENTALLY ILL ARE EXAMINED.
Abstract
THERE IS A FLORIDA STATE STATUTE (BAKER'S ACT) WHICH PROVIDES THAT A PERSON MAY BE INVOLUNTARILY INSTITUTIONALIZED IF THERE IS REASON TO BELIEVE THAT HE IS MENTALLY ILL AND LIKELY TO INJURE HIMSELF OR OTHERS IF ALLOWED TO REMAIN AT LIBERTY. IN ACTING UNDER THIS STATUTE, THE POLICE OFFICER MUST USE HIS DISCRETION IN DETERMINING WHEN AN INDIVIDUAL IS DANGEROUS EITHER TO HIMSELF OR OTHERS. THE OFFICER IS GUIDED IN THIS DECISION BY OFFICIAL DEPARTMENTAL POLICY, INFORMAL DEPARTMENTAL NORMS, THE OFFICER'S PERSONAL EXPERIENCE, AND THE SITUATION AT HAND. WHEN AN OFFICER BRINGS AN INDIVIDUAL TO A MENTAL HEALTH RECEIVING FACILITY, TRAINED MEDICAL PERSONNEL EVALUATE THE PERSON AND MAKE THE FINAL DECISION AS TO WHETHER TO ADMIT HIM. THE POLICE OFFICER ACTS AS A 'GATEKEEPER' IN THE PROCESS. THE MAJOR CONCERN IN IMPLEMENTING THE ACT IS THE CONFLICTS THAT ARISE BETWEEN THE POLICE AS LAW ENFORCEMENT SPECIALISTS AND THE MEDICAL PERSONNEL IN THEIR INTERACTION AT THE RECEIVING FACILITY. TO ASSESS THE ATTITUDES AND PERCEPTIONS OF POLICE OFFICERS IN THESE EXCHANGES, 174 OFFICERS WERE SURVEYED IN A CENTRAL FLORIDA COUNTY. THE RESPONSE RATE WAS 38 PERCENT. THE POLICE OFFICERS SURVEYED AVERAGED 3 OR MORE YEARS ON THE FORCE, AND THEY AVERAGED FOUR BAKER ADMISSIONS A YEAR. TEN PERCENT OF THE OFFICERS GENERATED OVER HALF THE ADMISSIONS REPORTED BY THE GROUP. FROM THE OFFICER'S PERSPECTIVE, CONFLICTS WITH MEDICAL PERSONNEL ARISE OUT OF DIFFERENCES IN ORGANIZATIONAL PERSPECTIVE AND PROFESSIONAL TRAINING. WHILE POLICE OFFICERS ARE CONCERNED WITH PROTECTING THE COMMUNITY, MEDICAL PERSONNEL ARE CONCERNED WITH THE RIGHTS OF THE INDIVIDUAL. THE OFFICER'S DIAGNOSIS OR VERACITY IS FREQUENTLY QUESTIONED, PARTICULARLY IF THE PERSON IN CUSTODY IS OBSERVED TO BE CALM AND RATIONAL. THE QUESTION AT ISSUE IS APPARENTLY THE LIMITED TRAINING RECEIVED BY POLICE OFFICERS WHICH ILL-EQUIPS THEM TO RENDER JUDGMENTS ABOUT THE PRESENT OR FUTURE BEHAVIOR OF A PERSON OBSERVED OVER A LIMITED PERIOD OF TIME. (RCB)

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