POLICE DESCRETION THE POWER OF POLICING Variables Affecting

POLICE DESCRETION THE POWER OF POLICING

Variables Affecting Police Arrest Decisions • Offender Variables – – Age Race Socioeconomic Demeanor • Situation Variables – – Offense Criminal history Weapons Visibility • System Variables – – – Law & penalties Political pressure Training Peer groups Alternatives to arrest

Factors Affecting the Decision to Invoke the Criminal Justice Process • Offender Variables – – Age, Race, and Gender Socioeconomic Status Demeanor Mental Health • Situational Variables – – – Seriousness of Offense Weapons Present or Used Personal or Property crimes Citizen- or Police-Initiated Action Witnesses or Presence of Citizens • System Variables – – – System Capacity to Process Offenders Severity of Penalty and Offense Community Opinion & Needs Department Size, Structure, and Norms Availability of Alternatives to Arrest

Special Discretionary Situations • • Domestic Violence Vice Crimes Prostitution Pornography Gambling Hate Crimes Homelessness Public Intoxication

Problems with Vice Enforcement • The laws are almost unenforceable. • There is no uniformity in the manner in which vice laws are enforced. • Vice laws encourage illegal activities by police officers. • Enforcement of vice laws is extremely timeconsuming and expensive. • Vice laws encourage police corruption. • Vice laws encourage organized crime.

Myths and Facts About the Homeless • MYTH 1: Today there are jobs for every one and homeless people just don't want to work. • FACT: Many people work but are still homeless. • MYTH 2: Homeless people are all crazy or drunk. That's why they're homeless. • FACT: Only 20 -25% of the single adult homeless population suffers from severe mental illness; similarly, while there is no generally accepted "magic number" about the percentage of homeless adults with addiction disorders, the frequently cited figure of about 65% is probably at least double the real rate for current addiction disorders among all adults who are homeless in a year. Source: National Coalition for the Homeless (1998). Myths and Facts. Washington, D. C. NCH.

Myths and Facts About Homeless (Cont) • MYTH 3: There are plenty of shelters and services for homeless people. People on the streets don't want help. • FACT: In most cities, there are far more people in need of shelter than available shelter beds. • MYTH 4: America's generous welfare policies and extensive safety net prevent children from becoming homeless. • FACT: Declining welfare benefits and housing assistance have contributed to record numbers of children who experience homelessness in the United States. • MYTH 5: Homelessness is an urban phenomenon. It is very rare in rural areas and the suburbs. • FACT: People become homeless in all areas of the country -- in small towns, suburbs, and rural areas.

Controlling Police Discretion • Internal Controls – Policies & Procedures – Training – Supervision – Internal Investigations • External Controls – Legislative Control • Laws, Funding, Oversight – Judicial Control • Case law, Civil Liability, Convictions – Citizen Review Boards