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Chapter 11 Police discretion
Terms in this set (58)
Discretion is defined as
a decision by criminal justice official based on the best course of action
Discretion increases as one moves down the police organization. Police are known as
street level bureaucrats
Good judgement, efficient use of resources, and sound public policy are examples of
positive use of disretion
The seriousness of the crime and the strength of the evidence are called
The possibility of arrest and the officers use of force increase when a suspect is
disrespectful toward police
Historically, the police have denied that they exercise discretion claiming instead they fully enforce all laws. This is known as the
myth of full enforcement
The exercise of police discretion through written policy is called
A police department collects and codifies its rules and policies through a
standard operating procedure manual
While addressing incidents, such as domestic violence, that as largely hidden from public view, police officers can more easily ignore policy and reporting requirement. This type of incident is called
low visibility work
One factor that most contributes to the exercise of discretion in the police
Police officer actions need to be understood in relation to the
Mastrofski, Snipes, and Supina investigated the extend to which citizens comply with requests from police officers. What was a finding of this investigation?
Citizens complied with officer requests most of the time
What is the purpose in controlling police discretion?
to prevent abuse of police authority
Which of the following is not one of the three basic strategies for controlling police discretion?
increased incident reporting and evaluation
Joseph Goldstein conducted one of the first studies of police discretion, in which he concluded that
it is illegal and should be abolished
A type of discretion that is sometimes argued about abolishing
Critics argue that the traditional professional model does not apply to policing because
policing is more a craft than a profession
The approach of guiding police officers discretion via written policy is known as
What standard for the use of deadly force clearly spells out when deadly force may be used and when it may not be used?
the defense of life standard
what situation related to domestic violence mandates officers to make an arrest, thus inhibiting the use of discretion?
when a felonious assault has occurred
Kenneth Davis, a leading authority on administrative law, asserts that there are three specific objectives of administrative rulemaking. Which is NOT one
What is an advantage that written rules offers to the police officer?
They provide direction on how to handle critical incidents
What is an advantage that written riles offers to the citizenry?
They ensure equal protection of the law
Fyfe conducted a study of the restrictive policy on deadly force adopted by the NYPD. What was his finding?
The weekly average number of firearm discharges decreased.
Which of the following is a major question concerning the control of discretion?
whether officers comply with the departmental policies
What is the principle strategy for ensuring compliance with departmental policy?
Requiring officers to file written reports that will be reviewed by supervisors
Which of the following is considered the central tool of modern police management?
The SOP manual
The 1985 SC decision in Tenn. v. Gardner ruled that _______was unconsitutional
the fleeing felon standard
The process why which citizen oversight agencies contribute to rulemaking
Problem with the process why which new policies are adopted into the SOP manual
New policies are adopted in response to a crisis
The benefit to engaging in systematic rule making rather than administrative rule making is that
it allows police to anticipate problems before they become a crisis
One of the most important functions of citizen oversight of the police is
Which is not a limitation concerning administrative rulemaking?
Rules are typically written by departmental insiders
With respect to the exercise of discretion, police officers are also known as
street level bureaucrats
An example of a detectives discretion in decision making is
to seek a warrant for a search
An example of a PO discretion in decision making is
to conduct a high speed pursuit
An example of a policy managers discretion in decision making is
to give high priority to traffic law violations
There is evidence to support the idea that female officers
receive fewer citizen complaints
First step to controlling police discretion
is admitting it exists
Higher education effect on police officers
no difference in behavior
Police are more likely to make arrests in
Regarding gender, research has shown that
no difference in behavior of female and male
an example of administrative rulemaking is
the use of deadly force
What is the effect of official department policies on police discretion?
They have a powerful influence over police discretion
Kenneth Davis, a leading authority on administrative law, describes the principles of administrative rulemaking as
a strategy to fill the gap between law and practice
In justice department report on '"broken windows' and police discretion" what does George L. Kelling suggest is necessary for the police to effectively address quality of life issues in neighborhoods?
clear guidance in the form of rules that tell them both what they should do and what they should not do
The CALEA accreditation standards require a police officer to file a report whenever he or she
1. discharges a firearm
2.caused injury or death to another person
3.uses lethal or less-than-lethal weapons
T/F legal factors limit the discretion of a police officer
T/F James Q. Wilson commented that discretion increases as one moves down the organizational hierarchy
T/F The police consistently fulfill their legal responsibility to enforce all of the criminal laws.
T/F According to the text, definitions of crimes are extremely precise.
T/F The criminal law is often used to deal with social and medical issues such as homelessness or chronic alcohol abuse.
T/F A number of studies have found that, when the victim or complaining party asks for an arrest, it has no affect on the decision to arrest.
T/F CALEA is the branch of the FBI that ensures that local police departments are following federal rules of discretion
T/F Full enforcement of the law is not possible
T/F The neighborhood environment influences officer discretion
T/F Official department policies are usually created via systematic rulemaking
T/F The immediate work setting influences officer compliance with written policy
THIS SET IS OFTEN IN FOLDERS WITH...
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