NO ONE TO COUNT CADENCE - THE POLICE OFFICERS AS LAW MAKER

• NCJ Number: 45402
• Author(s): J P DRISCOLL
• Date Published: 1977
• Length: 506 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNIVERSITY OF CALIFORNIA AT SANTA BARBARA - DOCTORAL DISSERTATION

Annotation

THE EXERCISE OF DISCRETION BY POLICE OFFICERS IS EXAMINED THROUGH REVIEW OF THE NATURE AND SCOPE OF THE LAW AND THROUGH OBSERVATIONS OF THE NARCOTICS TACTICAL SQUAD IN VENTURA COUNTY, CALIFORNIA.

Abstract

AN INTRODUCTORY EXPLORATION OF THE SOCIOLOGY OF THE LIVING LAW PLACES EMPHASIS ON THE SEMINAL THINKING OF JUSTICE OLIVER WENDELL HOLMES AND HIS DICTUM THAT 'EXPERIENCE HAS BEEN THE LIFE OF THE LAW.' THE DISTINCTION IS MADE BETWEEN THE 'LAW ON THE BOOKS' AND THE 'LAW IN ACTION.' THE DISSERTATION'S EMPIRICAL DATA WERE GENERATED BY THE AUTHOR'S 3 YEARS OF SERVICE AS PROJECT CONSULTANT TO THE NARCOTICS TACTICAL SQUAD (NTS) AND DRAW ON HIS OBSERVATIONS OF DAILY PROCEDURE AND ON INTERVIEWS WITH PERSONS CONNECTED WITH NTS. THE STUDY OF NTS REVEALED A DICHOTOMY OF GREAT SIGNIFICANCE: ALTHOUGH POLICE ORGANIZATIONS HAVE ALL THE OUTWARD MANIFESTATIONS OF A 'HIERARCHICAL BUREAUCRACY' BASED ON A PARAMILITARY MODEL WITH CLEAR AND DISTINCT ORDERS PASSING FROM THOSE IN THE TOP RANKS TO THOSE IN THE BOTTOM, INVESTIGATION DISCLOSES THAT THE POLICE DEPARTMENTS ARE IN REALITY 'EXPERT-ORIENTED BUREAUCRACIES' IN WHICH THE MOST IMPORTANT DECISIONS ARE LEFT TO THE POLICE-OFFICER-AS-EXPERT, INCLUDING THE NECESSARY USE OF DISCRETION. THE TRADITIONAL CONCEPT OF A 'CRIMINAL JUSTICE SYSTEM' IS DEEMED A FALLACY, AND EVIDENCE IS INTRODUCED TO SUPPORT THE VIEW THAT THE VARIOUS CRIMINAL JUSTICE AGENCIES ARE ACTUALLY AUTONOMOUS AND COMPETING UNITS OF A NONSYSTEM. THE POLICE OFFICER IS LEFT VERY MUCH TO HIS OWN SUBJECTIVE INTERPRETATION AND EVALUATIONS ABOUT WHEN AND HOW THE LAW IS TO BE INVOKED AND APPLIED; HE IS THEREFORE SEEN AS THE MOST POWERFUL CRIMINAL JUSTICE OFFICIAL. SPECIFIC CHAPTERS EXAMINE SUCH TOPICS AS THE ORGANIZATIONAL DETERMINANTS OF DISCRETION, POLICE DISCRETION AND DIPLOMACY, THE NTS AND THE NONSYSTEM, SOCIALIZATION OF THE NTS OFFICERS, AND DISCRETION AND FIELD OPERATIONS. A BIBLIOGRAPHY AND SUPPORTING TABLES ARE INCLUDED, AND THE RULES AND REGULATIONS OF NTS ARE APPENDED. (AUTHOR ABSTRACT MODIFIED).