Police Discretion and Dilemmas

When individuals have discretion, individual prejudices and perceptions of groups such as women, minorities, and homosexuals can influence their decision making. Officers’ views of the world affect the way they do their job.

Some argue that disparate treatment of Hispanics has not gained the same attention among advocates as has allegations of discriminating against blacks because of the history and culture of Hispanics. They form a disperse group of different national origins, they have no national figureheads, and a large number are in this country illegally, and that tends to silence those who fear deportation.

Racial profiling means basing a decision solely on the race/ ethnicity of the other party (i.e., to stop and question or to conduct a traffic stop). It is an entrenched part of policing because there is a suspicion of black men held by white and black police officers, combined with the pressure to conduct investigatory stops to obtain drugs and other contraband. This pattern of enforcement may lead to a script of resistance and “disrespect” on the part of those stopped, which, in turn, incites some officers to ratchet up the force used so that a simple stop ends up in a resisting arrest charge, or, worse - the use of lethal force. They have a right to use lethal force only if they believe that the suspect poses a threat to the officer or others.

Whether it be lethal force, a Taser, or physical blows, officers have been given the discretion to employ force that, if performed by citizens, would be illegal. We expect them to use such power wisely, and they have a legal duty to do so - that is, they must make reasonable decisions based on the facts and circumstances of each case.

In proactive police investigations, police officers initiate investigations rather than simply respond to crimes. Drug distribution networks, pornography rings, and fences of stolen property all tend to be investigated using methods that involve undercover work and informants. In this type of undercover operation, deception is recognized as an integral part of police work.

In reactive investigations, a crime has already occurred and the police sift through clues to determine the perpetrator. When police and other investigators develop an early prejudice concerning who they believe is the guilty party, they look at evidence less objectively and are tempted to engage in noble-cause corruption to convict. This can take the form of ignoring witnesses or evidence or even manufacturing evidence to shore up a case against an individual.

It is important to note that police officers do not intend for innocent people to go to prison; what occurs can be considered noble-cause corruption in that the officers believe the defendant to be guilty and utilize otherwise unethical means to obtain a confession. The trouble is that sometimes they are so effective they make innocent people falsely confess. The rationale is purely utilitarian, but the actual utility of the actions is miscalculated.