Defining and Discovering Discretion
Any discussion of police discretion must first begin with defining the construct and charting its historical recognition and acceptance in criminal justice. In general terms, discretion involves the ability to make a decision, choosing from several different alternatives. Police officers can choose from alternatives in a wide range of circumstances, from relatively minor incidents to those involving potential loss of liberty or life. Examples of police discretion include issuing a speeding ticket, resolving a domestic dispute, handling an encounter with a mentally ill person in crisis, and using deadly force.
Although discretion is widely accepted and considered an important part of policing today, this has not always been the case. Many scholars attribute the ”discovery” of discretion in c
