Chapter 11 Police discretion

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

mandating discretion

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

policy review

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

policy review

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

low-income neighborhoods

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

T/F James Q. Wilson commented that discretion increases as one moves down the organizational hierarchy

T

T/F The police consistently fulfill their legal responsibility to enforce all of the criminal laws.

F

T/F According to the text, definitions of crimes are extremely precise.

F

T/F The criminal law is often used to deal with social and medical issues such as homelessness or chronic alcohol abuse.

T

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.

F

T/F CALEA is the branch of the FBI that ensures that local police departments are following federal rules of discretion

F

T/F Full enforcement of the law is not possible

T

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

situational factors

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

administrative rulemaking

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

work environment

Police officer actions need to be understood in relation to the

citizen behavior

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

plea bargaining

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

administrative rulemaking

T/F The neighborhood environment influences officer discretion

T

T/F Official department policies are usually created via systematic rulemaking

F

T/F The immediate work setting influences officer compliance with written policy

T