However, when an officer exercises the discretion to treat these incidents as lesser-crimes, he reinforces the devaluation of the gang members and actually increases the validity of the gang culture. Furthermore, gang violence does not occur in isolation, and it is unfair to the non-criminal members of gang-afflicted communities for officers to fail to fully investigate such crimes.
One crime where officers, at least initial responders, should not be permitted to exercise any discretion is in the area of child abuse. Child abuse is a serious crime, but there is a tendency for adults to minimize complaints by children. Because the stakes are so tremendously high if the complaint is correct, officers should be required to respond to all reports of child abuse as true and zealously investigate them. If an investigation fails to yield sufficient evidence to support prosecution, then the alleged offender will not face prosecution; but that decision does not reflect the improper use of discretion, but the proper use of investigation in the criminal process.
Not all crimes where officers are called upon to exercise discretion are serious offenses. On the contrary, the area where officers are called upon...
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