Opinion and perspective analysis

Discretion on the Beat: Working in the Best Interests of the Community

The mandate to "protect and serve" is translated in a number of different ways across the country, but in many jurisdictions, community-oriented policing methods are replacing the traditional beat police approach and this shift has had an effect on how altercations and incidents are resolved at the local level. The level of discretion that is available to police officers on the street varies from jurisdiction to jurisdiction, of course, but there has been an expansion of the concept in recent years that has also affected the administration of law enforcement across the country. For instance, according to Skogan and Hartnett (1999), "Historically, police discretion was misused in many of the situations that officers are now being asked to handle flexibly, creatively and without firm guidance from the laws of criminal procedure" (p. 13).

Although every situation will be unique in some fashion, there are some common factors that should be taken into account when determining whether an arrest or other resolution is most appropriate and in the community's best interests. For example, assuming a police officer was on patrol when she was called to a disturbance outside a local bar. Upon arrival, the police officer finds two men who have clearly been fighting. The belligerents are not currently fighting but they are still angry. The decision as to whether to arrest the belligerents or send them home depends on a number of factors, including their respective levels of intoxication (are they falling down drunk or just "buzzed"), whether they had been fighting with each other or other belligerents who were not present upon officer's arrival on the scene, the reason or reasons for the altercation (e.g., were the two men fighting over a women or who was the best pitcher for the New York Yankees in 1968?). In the latter case, the altercation might be between two friends or even two relatives such as brothers who are rehashing an old feud; in the former case, the situation might be far more volatile and impassioned. Other factors that would have a bearing on whether to make an arrest or send to belligerents home would be how far they lived from the scene of the altercation (walking distance, cab ride, personally operated vehicle?), any past experiences with the two men, their demeanor at the time of questioning (were they still lunging at and trying to strike each other?) and any information that is available from bystanders and witnesses, including most especially the bartender (who could provide valuable information concerning how much the belligerents had to drink), inside and outside the bar concerning the cause, extent and duration of the fight.