Southern New Hampshire University
CJ-230: Discretion in Criminal Justice
Module 7 Notes
Amount of Discretion
What are the different points at which police officers may have to use discretion?
1. Arrest: Police officers have discretion when deciding whether or not to arrest
someone. For instance, they may choose to issue a warning, give a citation, or
make an arrest depending on the situation.
2. Use of force: Officers have discretion in determining how much force to use
when dealing with a suspect. They must balance the need for force with the need
to avoid excessive force.
3. Traffic stops: Officers have discretion in deciding whether to issue a warning, a
citation, or make an arrest during a traffic stop.
4. Searches and seizures: Officers must make a judgement about when to conduct a
search and how invasive that search should be.
5. Juvenile offenses: Officers have discretion in dealing with juvenile offenders.
They may choose to issue a warning, make an arrest, or refer the case to juvenile
court.
6. Domestic violence: Officers may choose to arrest a suspect in a domestic
violence case or refer the case to court.
7. Mental health: Officers may need to use discretion when dealing with
individuals who are experiencing mental health crises. The may choose to take the
person to a hospital for evaluation or arrest them.
8. Disruptive behavior: Officers may choose to use discretion when dealing with
disruptive behavior in public places. They may choose to issue a warning, make
an arrest, or refer the case to court.
9. Use of discretion in investigations: Officers may use discretion when
investigating crimes. They may choose to focus on certain aspects of the case,
such as interviewing certain witnesses or collecting specific evidence.
What are police typologies and how do they impact discretion?
