Police Discretion

Police Discretion
Brooke Tyson
The human brain has an amazing ability to make hundred if not thousands of decisions in
a second. It takes in all of the information it has at that moment, processes that information, and
gives to conclusions based off that information. The person the makes the best decision based off
that analysis of that information. A good ninety percent of the time we are not even aware that
we are making these decisions. Do we want to eat that cookie? Should I go left or right? are
examples of thing we think about every day. We go with our judgement, our gut.
For some people their discretion involves much heavier, often life and death situations.
For police officers, the exercise of discretion can save a life, take one away, or cost them their
own. Their mind is taking in information and giving them situations to act on. To shoot, to pull a
man out of a burning car, to give a person a ticket, they go with their gut on each choice. When a
violent person is pointing a loaded weapon at you, you do not have time to think about the rules
and laws. You analyst and make a decision.
Lets look at the word discretion. It is defined as the power or right to decide or act
according to one's own judgment; freedom of judgment or choice (Dictionary.com, 2015). Lets
break down this definition. The power or right for officers is a responsibility. When a police
takes and oath, he or she has taken on the responsibility to protect and serve that community.
They have the power, rather, the authority to make choices that are on the best interest of the
public. To decide or act, officers have to do what they need to in order to perform the role
outlined by their oath. To decide what the best course of action is and then act on that decision.
When an officer is dealing with a person that may be testing boundaries and an escalation may be
needed, an officer must decide and act on how to best deal with that person.
Police Discretion
Brooke Tyson
According to ones own judgement, an officer above all else, should trust their gut. It is
very simple. A cop might need to go into a potentially dangerous situation, if their gut instinct
says that he or she should wait, and then they need to have enough trust in their gut instinct to do
so. To exercise discretion and hold on until more backup arrives. I ask my husband a lot when it
comes to public safety, and he has given me a lot of other insight that I havent thought about
throughout this class. He has all ways said that whether he was in the military or working in
EMS he has always gone with instinct on what to do. Sometimes doing so has led him wrong,
but just as often it has paid off and helped do what he has needed to.
Too often today we get hung up on rules, laws and what is politically correct. But, in the
world of a cop there is often a great deal gray. They need to figure out what they need to do that
both follows the laws and rules sit for them but also use their judgment to do what is right.
Police must obey that law while enforcing it (Earl Warren, unknown year), the thin blue line is
the point where an officers discretion can border on legality. Discretion is the best tool and
officers have to their advantage when they are walking that line. They should be able to exercise
it without needing to worry if they are crossing the Thin Blue Line that separates discretion
and legality.
Discretion when used in the proper way shouldnt hinder but help and officer in day to
day dealings. Lets take discretion away from police, and have them follow word for word the
law. If you were to be pulled over for not coming to complete stop at a stop sign, you have no
past offenses not even a parking ticket. It would be an automatic 50 points on your license and a
100 dollar ticket or so ticket. This is a mild example but if an officer had their ability to use
discretion then you may actually have gotten warning.
Police Discretion
Brooke Tyson
Discretion also requires a level of discernment. Depending on the situation, common

sense tells an officer how to react. To be tactfully or to be blunt, sizing up a situation helps make
that call. In any realm of public safety common sense is the number one greatest thing anyone
can have. Laws are black and white; common sense helps officers find a way through the gray
that is in-between. Often that is why the ethics of police discretion comes in to play.
The world of law enforcement is in the spotlight more so then it has been in a long time.
Every time we turn on the evening news there is talk about a police shooting, accusations of
brutality, or misconduct. The question has been raised, is police discretion turning in to
something more? Sadly there are people in the world that have let authority twist in to a thought
of power over others. The law allows officers to interpret things a little and then make a fair
decision, for some that ability has led to people losing their lives. West Valley city is among the
list of places where corruption accusations have occurred. Notably it narcotics unit.
The unit was disbanded after it was accused of mishandling money and property, and
using discretion to illegally track movements. This and many other situations have brought up
the argument that it is time to take discretion from the police. But as stated before that law
doesnt cover everything so what should be done? Some would argue that more laws or broader
laws need to be written to cover they gray. But how can a politician now every single situation.
So should they become stricter in that case?
If the law states that if you are caught running a stop sign you are to be arrested. Then
jails would be full in the matter of a couple of days. So making stricter laws may not actually be
the answer. This is why discretion comes in to play so much in the world of law enforcement. It
helps the justice system work well; it helps in sorting through the day to day things and allows
cops to focus on the more important things.
Police Discretion
Brooke Tyson
For an officer to be able to perform their duties properly, they need to be able to exercise
discretion. To follow their gut in any situation, it is a skill that anyone on public safety needs to
have and use. Discretion is the ability to use ones judgement and to discern what is right or
wrong, and to act on the conclusion, to take in all of the information possible, and then react
accordingly. The power or right to decide or act according to one's own judgment; freedom of
judgment or choice, an officer swears an oath to protect and serve. They have a responsibility to
walk in the gray area of the law and do what is the best.
Political correctness is all around us; it can often make the thin blue line cops work with
even thinner. It often leads to accusation and questions of ethics. Police officers use discretion in
order to keep the justice system moving and from getting congested. The law grants them the
right to be able to let a person off this a warning or to arrest them for what they have done. They
must not abuse this right however, they must still obey the law themselves.
The hope here has been to say that it is a crucial part of a police officers job to use
discretion. They need to be able to trust themselves, their training, and their judgment. It is the
biggest thing they have to their advantage. It keeps them safe, and sane. It allows them to
function as human being, not robots that simply enforce law. Discretion gives officers the ability
to allow the minor offenders carry on. If they were to arrest every on then our already crowded
prions and jails would be even more crowded.
Judgment is not upon all occasions required, but discretion always is. (Philip Stanhope,
4th Earl of Chesterfield, n.d). We do not live in the world of Dredd from the British comic.
Police do not need to act as judge, jury and executioner as he does. Cops need to be autonomous
and function and work in the real world where it is ok to make mistakes. Discretion is the tool for
them to do that.
Police Discretion
Brooke Tyson
Bibliography
http://thelawdictionary.org/article/police-discretion-definition/
Criminology. (n.d.). Retrieved November 25, 2015, from http://criminologyarticles.blogspot.com/2012/09/police-discretion.html
Information On The Use Of Police Discretion. (n.d.). Retrieved November 25,
2015, from http://caught.net/prose/policediscretion.htm
Miller, J. (n.d.). New corruption claims raised against Utah police department.
Retrieved November 25, 2015, from http://archive.sltrib.com/story.php?
ref=/sltrib/news/58158309-78/cowley-case-geragos-civil.html.csp

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Discretion also requires a level of discernment. Depending on the situation, common

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