Introduction

Practitioners in the criminal justice system exercise a considerable amount of discretion. Discretion can be defined as the freedom or authority to judge something or make a decision about it. Discretion can work in two ways. On one hand, discretion helps to ensure that decisions are crafted toward individual cases and that individuals are afforded treatment and services that speak to their specific needs. On the other hand, efforts to limit discretion ensure that people who commit similar offenses are treated equally by the criminal justice system. The objective of this exercise is to demonstrate that the use of discretion has consequences, both for those who apply discretion and those who have it applied to them.

Learning Objectives

After reading your text and completing this exercise, you will be able to

  • explain why discretion is important in the criminal justice system;
  • distinguish the discussion points in the shoot/don’t shoot example; and,
  • evaluate the consequences of discretionary decisions.
Basis for Decisions

Police officers make several discretionary decisions every day. Not every police officer would make the same decision in every circumstance. In order to evaluate the quality of their decisions, it is necessary to comprehend the basis upon which decisions are made. Please drag and drop each term below to its appropriate definition.

  • gut instinct
  • common sense
  • police training
    an instinctive feeling, as opposed to an opinion or idea based on facts
      sound and prudent judgment based on a simple perception of the situation or facts
        a process by which a person is taught the skills required for the profession of police officer
        Quality of Decisions

        Each of these foundations for making decisions will have its own consequences in terms of effectiveness. Label them in order of which will be the most effective in producing decisions that are consistent with the mandate of police work.

        • least effective
        • somewhat effective
        • most effective
          Gut instinct: an instinctive feeling, as opposed to an opinion or idea based on facts
            Common sense: sound and prudent judgment based on a simple perception of the situation or facts
              Police training: a process by which a person is taught the skills required for the profession of police officer
              Basis for Decisions Review

              Gut instinct can be effective in some circumstances however, it can be fatal in other in other situations in which accurate information is needed.

              In most situations common sense is a satisfactory basis for action. However, in some law-enforcement situations it may violate agency policy or procedural law.

              Police training is the most effective option because it is based on real-life situations that the officer may face on the street. With adequate police training, the agency’s policies will seem like common sense to the officers and in critical situations their gut instinct will be to follow established police procedures.

              Scenario Introduction

              The following scenario is designed to make you as a student sensitive to the consequences of using discretion in making split-second decisions. As you work through the scenario, keep in mind that each option of the decision-making process will have its own consequences. It is important to remember that although you have the luxury of considering this exercise in the comfort of your home, police officers must make these decisions under severe time constraints and with potentially lethal outcomes for offenders, victims, bystanders, and themselves.

              Patrolling a City Park

              Imagine that you are police officer patrolling a city park on a hot August evening. Local residents have complained of loud partying involving alcohol and teenagers. This is not the first time you been called to this park, and you are intent upon restoring order and enforcing the city’s alcohol ordinances. You are somewhat concerned about the possibility of violence, but know that most police officers seldom fire their weapons in the course of their duties.

              Critical Decisions

              As you approach the restrooms near the lake you hear gunfire. You have several options for what actions you can take at this point. You can also perform these actions in several different sequences. Drag and drop the appropriate actions from the list on the left to a list on the right, placing them in the ideal sequence.

                Possible actions:
              • Call for back-up
              • Identify yourself
              • Determine Level of Threat
              • Draw weapon
              • Seek advantageous position
              Desirable actions and sequence:
                Critical Decisions Part 2

                As you shout your identity as a police officer, you see several young men running from behind the restroom. Suddenly, out of the corner of your eye, you see a flash of metal in the hands of an individual, and you believe it is a firearm. How will this inform your actions? Drag and drop the appropriate actions from the list on the left to a list on the right, placing them in the ideal sequence.

                  Possible actions:
                • Call for back-up
                • Identify yourself
                • Draw weapon
                • Seek advantageous position
                • Issue warning of intent to fire
                • Discharge weapon
                Desirable actions and sequence:
                  Outcome

                  Although training can anticipate such circumstances, it cannot fully prepare the officer for engaging in the most appropriate and effective response to a perceived lethal threat. Ideally one’s gut instinct and idea of common sense is informed by training, but given that each circumstance is unique and that the decision must be made almost instantaneously, the officer faces a difficult decision.

                  Outcome Part 2

                  In this case the individual is a 12-year-old boy. Depending upon several circumstances, firing a shot could be considered justifiable or an extreme use of excessive force. The facts of the case that you did not have time to evaluate in the split second you decided to draw your weapon will determine not only the boy’s fate, but also your career as a police officer and maybe even your liberty. Police officers are not always held accountable for using excessive force, but depending on the circumstances, an officer can be charged with a homicide in a situation like this. You know you can depend upon help on this case from your superiors, including the police chief, the city attorney, and the police union.

                  Outcome Part 3

                  Although the incident is over, the ramifications have just begun. Depending upon the facts of the case you may be considered a hero or a villain.

                  Likely Ramifications

                  Discussion continues even after the department or the court has come to a decision about the appropriateness of your actions. What is the likely ramification of the choice already made?

                  Consequences

                  The consequences of your actions can be long-lasting, and, in many cases, quite severe:

                  Conclusion and Review

                  The consequences for using discretion in this case are many. In a split second you had to decide whether to act on your instincts and shoot your assailant without realizing that he was a 12-year-old boy. The consequences of your actions depend greatly on whether he actually had a weapon.

                  You have now completed this activity.