Police Discretion Theory

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Police Discretion and its effects in the Juvenile Justice System
Stephanie E. Guzman
Juvenile Law and Procedure
Ron Reid
May 15, 2016

Abstract
Police discretion plays a major role in the criminal justice system. Police officers are faced with having to use their own beliefs to act upon situations they are faced with.

In 1956 police discretion was discovered by the American Bar Association and since then it has been an important problem in the criminal justice system. According to the Merriam-Webster Dictionary discretion is defined as “the power of free decision or latitude of choice within certain legal bounds, the power to make his or her own individual judgement, and responsible decision making.” In the criminal
The organizational theory suggests that the organization itself including supervisors, rules and procedures influence behavior. The sociological theory suggests that the officer’s behavior is influenced by the situation at hand, and other things such as race, demeanor of the suspect or even how many other officers are present. The psychological theory suggests that the behavior of the police are actions that are influenced by their own outlooks and backgrounds. Police behavior varies, and when officers use police discretion it permits them to decide if they want to pursue procedure protocol or to just let someone off with a warning. Common examples of police discretion are if someone were to be pulled over for speeding, sometimes you might get a ticket or be let off with just a warning. In a domestic disturbance case the officer must use his discretion based upon the situation before him. The officer will need to make the best decision that both parties involved will be content with. Domestic disturbance cases are difficult when it comes to police discretion, because the decision he ultimately comes up with effects one party with a better or worse
There has been research conducted that the influence of a suspects demeanor amd cooperation has produced evidence that this influences police behavior. According to Myers (2002) police researchers have consistently found support for the expectation that citizens who are disrespectful toward the police are more likely to be arrested and more likely to have force used against them than those who are respectful or simply deferential (Myers, 2002, p.64). Juveniles who are disespectful towards police are more likely to be arrested and have other authority used against them than those who are respectful. Though it is not clear on if a persond gender effects police disccretion. There are those who might think that because of how society views felames vs. males that police might take more of a protectial approach. Females are just as likely to be arrested as males. Neighborhoods might also haave an effect on discretion when officers confront juveniles. The socioeconomic status of juveniles might create for a biased opinion on police

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