NCJ Number
11668
Journal
Journal of California Law Enforcement Volume: 8 Issue: 2 Dated: (OCTOBER 1973) Pages: 85-88,93-94
Date Published
1973
Length
6 pages
Annotation
ARGUMENT FOR THE USE OF POLICE DISCRETION IN MAKING PRE-JUDICIAL DISPOSITIONS, INDICATING THE LIMITATIONS AND ADVANTAGES OF SUCH INTERVENTION.
Abstract
DRAWING ON THE REVIEW OF PAST LITERATURE, THE AUTHOR HOLDS THAT PLACEMENT IN THE SYSTEM SHOULD ONLY BE USED AS A LAST RESORT. STEPS TO LIMIT COURT INTERVENTION COULD INCLUDE THE ESTABLISHMENT OF AN INTERVENING SERVICE BETWEEN THE COURTS AND COMPLAINANTS, THE RESTRICTION OF COURT ACCESS TO A LIMITED NUMBER OF INDIVIDUALS, AND THE IMPLEMENTATION OF POLICE DISCRETION, ESPECIALLY WITH JUVENILE STATUS OFFENDERS. THE AUTHOR DISCUSSES ADMINISTRATIVE ATTEMPTS TO GUIDE DISCRETION AND CATEGORIZES THEM INTO THREE ORGANIZATIONAL STYLES. IN THE WATCHMAN STYLE, MANY JUVENILE OFFENSES ARE GLOSSED OVER, AND INFORMAL DISPOSITIONS AND ATTEMPTS TO WORK OUT COMPLAINTS ON A PERSONAL BASIS ARE ENCOURAGED. A LEGALISTIC DEPARTMENT HOLDS THAT ALL LAWS SHOULD BE ENFORCED EQUALLY. THE SERVICE-STYLE DEPARTMENT, TYPICALLY A SMALL MIDDLE CLASS SUBURBAN COMMUNITY, IS LESS LIKELY THAN THE LEGALIST TO PROCESS JUVENILES BY MAKING AN ARREST.