Southern New Hampshire University
CJ 230: Discretion in Criminal Justice
Module 1 Notes
Exercising Discretion in Criminal Justice Decision Making
How is discretion defined?
Discretion is defined as “liberty of deciding as one thinks fit, absolutely or within limits”
(Concise Oxford Dictionary).
What are examples of how laws and police services place limits on the amount of
discretion used by police officers?
There are a number of ways in which laws and police services place limits on the amount
of discretion used by police officers. Some of these include:
Laws: Laws define what is and is not illegal, and police officers are expected to enforce
these laws. This means that they cannot simply decide not to arrest someone who has a
committed a crime, even if they believe that the person is not a danger to society.
Police policies: Police departments have policies that further restrict the discretion that
officers can use. These policies may cover a wide range of topics, such as when and how
to use force, how to investigate crimes, and how to interact with the public.
Supervisors: Police officers are supervised by sergeants, lieutenants, and captains, who
are responsible for making sure that officers are following the law and department
policies. If an officer is found to have used excessive discretion, they may be disciplined
or even fired.
Public scrutiny: Police officers are constantly under scrutiny from the public. This
scrutiny can come from the media, from politicians, and from ordinary citizens. If an
officer is found to have used discretion in a way that is seen as being unfair or unjust,
they may face public backlash.
What are the two reasons it is universally accepted that discretion is an essential feature
of the exercise of authority by the police?
1. The nature of police work. Police officers are often called upon to make decisions in
