Roush 1

Tiffany Roush
Greg Butler
CJ1010
April 27, 2016
Police Discretion
Everyday police officers are required to make decisions based on individual situations,
varying circumstances, and the seriousness of the crime committed. Discretion can be defined as
the decision-making power afforded to police officers that allows them to decide if they want to
pursue police procedure or simply let someone off with a warning (Hirbyand, n.d.). Although
police discretion can be a big source of controversy and has been given a bad reputation over the
years, it plays a very important role in policing.
Discretionary decision making is necessary for officers to perform their daily duties.
Because of its appropriately vague definition, discretion allows officers to determine the best
course of action to take while enforcing the law in each individual situation. Police discretion can
greatly compliment the integrity of the police if it is used in a fair and just way. I dont know any
person who hasnt felt some sort of sense of appreciation after a police officer decides to only
issue a warning after being caught speeding, knowing very well a pricey ticket could have
resulted from the situation. This appreciation builds trust in the police from the community. If
police officers had to issue a ticket to every person caught speeding, no matter the reason, I
believe officers would have an extremely negative reputation. Meeting quotas might then be
perceived to be the only motive. In my eyes, discretion also allows officers to demonstrate that
they are still human and are also understanding. Granted there is no justification for breaking the
law and people shouldnt expect get out of jail free cards, but sometimes there are situations

Roush 2
that are not as serious as others and can be treated as such. Police officers using discretion help to
sift out these cases, which will result in preventing overcrowding in our jails, as well as help
assist the criminal justice system in functioning more effectively.
On the contrary, if discretion is used maliciously or the authority is abused, it can greatly
diminish the trust and respect the community has for police officers. The use of deadly force is
one sobering example of this. Many times the community blames police prejudice, racism, lack
of ethics, and discrimination in these cases and are quick to turn the suspect into the victim. I am
a firm believer that if you do not follow an officers orders and you are yielding a weapon,
expect to meet your maker. Then again, I would be nave to think that every officer that has had
to use deadly force in his or her career was 100% justified. In order to protect both sides, I
support the use of body cameras. This technique can back up an officers decision and prove to
society, beyond the hearsay, whether the action used was justified or not.
Another situation that may damage the image of police discretion is high profile arrests.
In fear of drawing bad media attention, an officer may let a celebrity off the hook for something
he would usually cite a regular citizen for. The community will in turn, view this as favoritism.
In my opinion, the crime committed should always be assessed based on the seriousness and the
situation, not based on who committed it. Favoritism is not the only flaw in these cases. The
decision can also be viewed as a soft spot and people may undermine the authority of police. I
think some celebrities feel untouchable and habitually break the law because, they can. They
have done it time and time before and gotten away with it because of who they are. This is why it
is imperative that fair discretion is used, and that it is used ethically.
Although police discretion can have its disadvantages, I believe the advantages are far
more beneficial to law enforcement and public safety today. It is crucial that police officers have

Roush 3
the freedom to decide on actions for themselves. Thanks to their training and commitment to
serving the community, it is more than likely an officer can be trusted to make ethical and logical
decisions. This ability should not be restricted due to the few officers who may choose to abuse
their authority. I cant imagine a world where policing was completely by the book, and I hope I
never have to.

Roush 4
Sources
Hirbyand, Jay. (n.d.). Police Discretion Definition. The Law Dictionary. Retrieved from
http://thelawdictionary.org/article/police-discretion-definition/