Discretionary Use of Authority
Scenario 1: You respond to a call of a theft. Upon arrival, you find that an 18-year-old female has stolen baby formula and diapers by exiting the store without paying. You speak with her and find that she has a newborn baby, does not have any source of income, and needs formula and diapers for the baby. As such, theft is still a crime. Do you arrest the woman or not? Why?
Part A.
Scenario 1 | |
Possible Response | Justification for This Response |
I choose to arrest the woman. | No one is above the law. The proper code of conduct should be observed in all institutions and locations. Every offence has its own set of punishments. |
I choose not to arrest the woman. | As humans, we have feelings and emotions that surpass rational actions. New life is sacred and should be honoured regardless of the circumstance. |
Part B.
Which response would you choose and why? Also, explain the role of discretion in your response.
Stealing is an offence punishable by law. However, in this case, the mother’s actions were compelled by the needs of her baby. As a police officer, I would not arrest her but rebuke her for her actions and encourage her to be open and communicate her needs and wants. Kindness and caring may be moved by the situation.
Scenario 2: You respond to an armed robbery. You notice an individual matching the description of the offender. As you approach him, you observe what appears to be a gun in his waistband. Do you immediately attempt to stop him? Or do you wait for backup? Why?
Part A.
Scenario 2 | |
Possible Response | Justification for This Response |
I immediately attempt to stop him. | An armed offender is a threat to the public. A person can be taken hostage as leverage to escape justice, or worse, life can be taken with the weapon the offender wields. |
I wait for backup. | The offender can open fire, creating a threat to my life, or stray bullets can hit a civilian. In other instances, the offender might have a gang nearby. |
Part B.
Which response would you choose and why? Also, explain the role of discretion in your response.
An armed suspect is a danger to the community as well as the officers. The best approach would be to attempt to arrest the suspect while maintaining safety procedures such as appropriate distance. However, if the suspect is not willing to comply, then backup would be required. In many cases, armed robbers would flee, so backup would be necessary.
Scenario 3: You stop a 16-year-old from going through a red light. He explains to you that he is late for work. Do you give him a ticket?
Part A.
Scenario 3 | |
Possible Response | Justification for This Response |
I write the juvenile a ticket. | Correction at an early age is better for proper development. Traffic laws should always be observed unless it is a life-threatening situation, then a compromise is justifiable. |
I choose not to write the juvenile a ticket. | Sometimes the roads can be clear, and there is no significant traffic, and so the juvenile would exercise proper judgment to pass while the red light is on. |
Part B.
Which response would you choose and why? Also, explain the role of discretion in your response.
Most road accidents are caused by young people. As a police officer, I would book the minor as a way of encouraging them to be punctual and understand the gravity of overriding traffic rules. Also, this is a way of ensuring the 16-year-old does not become complacent with breaking traffic laws.
Scenario 4: You arrest a male individual. Just as you place the handcuffs on him, he breaks free and jumps into a nearby contaminated lake in order to avoid arrest. What actions do you take? Who do you notify? Do you jump in the lake?
Part A.
Scenario 4 | |
Possible Response | Justification for This Response |
I choose to jump in the lake. | There might be a concealed escape route within the water. Also, a fugitive on the loose is a potential threat to innocent civilians. It would also be an attempt to capture the offender before backup arrives. |
I choose not to jump in the lake. | I would not be able to arrest an offender until we are all on solid ground. Observation of movement and communication with other partners would be an effective approach to neutralize the threat. |
Part B.
Which response would you choose and why? Explain the role of discretion in your response. Also, explain the legal and moral considerations affecting your decision.
A contaminated lake is sure to have some health implications for the fugitive. Considering the uncertainty of the contamination, jumping into the lake would not be the best decision, but keeping a close watch on the fugitive’s movement. Meanwhile, a phone call was made to the maritime authorities to provide support in naval navigation.
Scenario 5: As a police officer, you are assigned to the same location every day. You become very familiar with the crime that takes place, specifically drug sales, robberies, and shootings. You are aware that a specific gang is responsible for the majority of the crimes. The gang members are all male, are of the same race, wear the same colours of clothing, and populate the exact area that they are assigned to during the time that these crimes take place. While on patrol, you observe the individuals matching the description of the gang members committing all of these crimes. The citizens are calling for the police to take action. What behaviours raise your suspicion? What action do you take? Do you stop these individuals? Do you search for these individuals? How do you go about investigating these individuals?
Part A.
Scenario 5 | |
Possible Response | Justification for This Response |
I choose to take action against the gang. | The main cause of crime and illegal activities is gangs. Action against the gang will significantly reduce the rates of crime and drug trafficking activities. |
I choose to take some action. | Being vigilant in the regions where illicit activities are carried out will surely shun away the gang members. So robbery and crime rates will subside. |
I choose to take no action. | The gang members will even grow in their ways as it would seem to be justified by the law enforcers. |
Part B.
Which response would you choose and why? Explain the role of discretion in your response. Also, explain any Supreme Court cases affecting your decision.
Gang members can be hostile and violent. Therefore, the approach to reducing crimes should be tactful. The best approach would be to warn the public about the gang’s behaviour pattern so they can be cautious. Also, dominating the area where drug deals occur will shun them away by instilling fear.
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Question
Discretionary Use of Authority: Scenarios
Because of the nature of law enforcement work, police officers have always maintained a certain amount of discretion. Due to the amount of interaction that officers have with members of the public, this discretion must be fair, equal, impartial, and legal. As such, the use of discretion by officers is both a foundation of police work and a component of community policing.
Discretionary Use of Authority
Review the scenarios below. For each scenario, provide a justification for every possible response (Part A). In your justification, include the factors that support or influence each response. In Part B, choose how you personally would respond, provide a rationale for why you feel it is the most appropriate response for the scenario, and explain the role that discretion played in your decision.
Using Microsoft Word, copy the scenarios and provide your answers directly in Parts A and B under each question.
Scenario 1: You respond to a call of a theft. Upon arrival, you find that an 18-year-old female has stolen baby formula and diapers by exiting the store without paying. You speak with her and find that she has a newborn baby, does not have any source of income, and needs the formula and diapers for the baby. As such, theft is still a crime. Do you arrest the woman or not? Why?
Part A.
Scenario 1
Possible Response Justification for This Response
I choose to arrest the woman.
I choose not to arrest the woman.
Part B.
Which response would you choose and why? Also, explain the role of discretion in your response.
Scenario 2: You respond to an armed robbery. You notice an individual matching the description of the offender. As you approach him, you observe what appears to be a gun in his waistband. Do you immediately attempt to stop him? Or do you wait for backup? Why?
Part A.
Scenario 2
Possible Response Justification for This Response
I immediately attempt to stop him.
I wait for backup.
Part B.
Which response would you choose and why? Also, explain the role of discretion in your response.
Scenario 3: You stop a 16-year-old from going through a red light. He explains to you that he is late for work. Do you give him a ticket?
Part A.
Scenario 3
Possible Response Justification for This Response
I write the juvenile a ticket.
I choose not to write the juvenile a ticket.
Part B.
Which response would you choose and why? Also, explain the role of discretion in your response.
Scenario 4: You arrest a male individual. Just as you place the handcuffs on him, he breaks free and jumps into a nearby contaminated lake in order to avoid arrest. What actions do you take? Who do you notify? Do you jump in the lake?
Part A.
Scenario 4
Possible Response Justification for This Response
I choose to jump in the lake.
I choose not to jump in the lake.
Part B.
Which response would you choose and why? Explain the role of discretion in your response. Also, explain the legal and moral considerations affecting your decision.
Scenario 5: As a police officer, you are assigned to the same location every day. You become very familiar with the crime that takes place, specifically drug sales, robberies, and shootings. You are aware that a specific gang is responsible for the majority of the crimes. The gang members are all male, are of the same race, wear the same colours of clothing, and populate the exact area that they are assigned to during the time that these crimes take place. While on patrol, you observe the individuals matching the description of the gang members committing all of these crimes. The citizens are calling for the police to take action. What behaviours raise your suspicion? What action do you take? Do you stop these individuals? Do you search for these individuals? How do you go about investigating these individuals?
Part A.
Scenario 5
Possible Response Justification for This Response
I choose to take action against the gang.
I choose to take some action.
I choose to take no action.
Part B.
Which response would you choose and why? Explain the role of discretion in your response. Also, explain any Supreme Court cases affecting your decision.