POLICE DISCRETION IN APPLICATION OF THE LAW (FROM CRIMINAL JUSTICE PROCESS - A READER, 1976 BY WILLIAM B SANDERS AND HOWARD C DAUDISTEL - SEE NCJ-34969)

• NCJ Number: 34973
• Author(s): H C DAUDISTEL; W B SANDERS
• Date Published: 1976
• Length: 12 pages
• Corporate Author: Praeger Publishers
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

FIELD RESEARCH IN A COUNTY SHERIFF'S OFFICE IS SAID TO INDICATE THAT POLICE DECISION MAKING IS NOT FULLY DESCRIBED BY SOCIOLOGISTS USING FORMAL OR INFORMAL NORMATIVE SYSTEMS TO EXPLAIN PATTERNS OF CRIMINAL ARREST.

Abstract

IT IS SUGGESTED THAT ANALYSES OF DISCRETION IN THE CRIMINAL JUSTICE SYSTEM SHOULD BE AT LEAST PARTLY BASED ON INVESTIGATION INTO THE METHODS THAT CRIMINAL JUSTICE PERSONNEL USE TO ACCOMPLISH REASONABLE AND RATIONAL USE OF THE LAW. SUCH STUDY NECESSARILY INVOLVES EXAMINATION OF HOW MEMBERS IDENTIFY AND LABEL ENCOUNTERED SCENES, AND HOW THEY LABEL ACCOUNTS OF SCENES REPORTED BY OTHERS. IT IS SAID THAT THE EXERCISE OF DISCRETION DOES NOT NECESSARILY IMPLY THAT OFFICIALS PURPOSELY DISCRIMINATE BETWEEN THOSE INDIVIDUALS WHO SHOULD BE OFFICIALLY PROCESSED IN VARIOUS WAYS, AND THOSE WHO SHOULD NOT. THE ASSUMPTION THAT CODING OF VARIOUS EVENTS IS DONE VIA EXPLICIT AND 'OBJECTIVE' SETS OF LAWS AND RULES THAT PRESCRIBE THE NECESSARY AND SUFFICIENT CRITERIA FOR PROPER CODING IS SAID TO GLOSS OVER OF THE INTERPRETIVE PRACTICES THAT ARE ESSENTIAL TO THE ACCOMPLISHMENT OF THE CODING. NOT ONLY ARE INTERPRETIVE PRACTICES ESSENTIAL, BUT THE VERY ASSUMPTION THAT ONE'S CODING HAS BEEN DONE 'ACCORDING TO THE RULES' IS DEPENDENT ON 'AD HOC' CONSIDERATIONS. (AUTHOR ABSTRACT)