Quiz #4 Flashcards

1
Q

Officers routinely decide not to arrest people. Some examples:

A
  • Domestic dispute arrests
  • Mental Health
  • Traffic enforcement
  • Juvenile court referrals
  • Deadly force
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2
Q

FINAL Domestic dispute arrests….

A

….58% of people suspected of committing felonious assault in domestic violence situations

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3
Q

Traffic enforcement …

A

…1/4 of all drivers stopped for speeding were issued a warning than a ticket

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4
Q

FINAL Discretion?

A

An unofficial action by a criminal justice official based on that individuals judgment about the best course of action

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5
Q

FINAL Street-level bureaucrats

A

They make the decisions that produce actual police policy as it affects citizens.
Through their discretion to arrest or not arrest, police officers are the gatekeepers of the CJS

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6
Q

Police discretion also determines?

A

Public policy. If police officers do not criminalize people for small amount of marijuana, then the offense will be decriminalized

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7
Q

Potential abuse of discretion?

A
  • Discrimination
  • Denial of due process - harassing drug dealers
  • Systematic underenforcement of the law (eg. police tolerating gambling in poor communities)
  • Poor personnel management
  • Inconsistent policy - officers making decisions inconsistent with policies, the policy won’t be carried out
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8
Q

Proper Exercise of Discretion

A
  • The use of good judgment (police officer determines no crime was committed so no report is filed)
  • Efficient use of scarce police resources - (By concentrating on serious crimes than less serious crimes)
  • Individualized justice - (Eg. juvenile shouldn’t be arrested)
  • Sound Public Policy (Eg. arresting homeless people best option?)
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9
Q

Patrol Officer’s Discretionary decisions

A

Related to CRIME situations

and ORDER MAINTENANCE

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10
Q

Detective Decisions

A

CRIMINAL INVESTIGATION

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11
Q

Police Manager’s decisions

A

About LAW ENFORCEMENT POLICY AND PRIORITIES

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12
Q

The nature of the Criminal Law

A

Demands that officers exercise discretion, but officers on the street have to determine whether the facts of a particular case fit the definition

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13
Q

Conflicting Public Expectations

A

Criminal Law in US reflects conflicting public expectations about what behavior should be illegal

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14
Q

The work environment of policing. - 3 aspects

A
  1. ) Patrol officers work alone or in pairs
  2. ) There is no direct supervision by a sergeant
  3. ) The majority of police-citizen encounters occur in private places (observers may testify about officer’s behavior)
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15
Q

Legal Factors limiting discretion

A

Supreme Court decisions
State court decision
State law

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16
Q

Administrative Factors limiting discretion

A

Department policy

Supervision

17
Q

Organizational Culture Factors limiting discretion

A

Peer officer culture (use of force to minimal or offices will report it to supervisor)

18
Q

Situational Factors Influencing Discretionary Decisions

A
  • Seriousness of the crime
  • Strength of the evidence
  • Preference of the victim
  • Relationship between victim and suspect
  • Demeanor of the suspect
  • Characteristics of the victim
  • Race, ethnicity, or gender of the citizen
  • Characteristics of the neighborhood
  • Characteristics of the individual officer
  • *a number of studies have shown that an arrest is more likely when the victim asks for an arrest**