Pros and Cons of Police Discretion

Pros: 

Flexibility and Adaptability 

In a high-stress environment, police need to be able to move quickly on their feet and think of solutions to problems that may not arise from their training. Police discretion allows them the room to be flexible and adaptable in these situations. For example with minor traffic violations, if it is the person's first offence, an officer could let them go because it was not a major disruption or an accident, or maybe someone was having a bad day. 

Building Trust and Relationships with the Community 

Police discretion can promote positive relationships between law enforcement and the community. When officers use their discretion appropriately, they can make decisions that are fair and based on the individual’s situation. This helps build trust and shows that police officers are not rigid and robotic when applying the law, but are considering human factors such as an accident or someone having a hard long day. A positive experience can go a long way in building public trust and can lead to improved cooperation from the community in the future. 

Effective Use of Resources

Police discretion allows officers to prioritize their actions and use resources more efficiently. For example, they can focus on more serious crimes and reduce the time spent on minor infractions, allowing for a more effective allocation of resources in dealing with serious public safety concerns. 

Cons: 

Bias and Discrimination

Not everyone is going to receive the same treatment. Discretion can sometimes lead to biased decision-making. Officers may unintentionally or intentionally apply their discretion based on personal prejudices, such as race, gender, or socioeconomic status. This could result in unfair treatment of certain individuals or groups, perpetuating inequality within the justice system.

Inconsistency 

The same interactions with different police officers may yield different consequences. Since discretion relies on individual judgment, it can lead to inconsistency in how laws are enforced. Two people committing the same offense in similar circumstances might receive different responses from different officers. This lack of uniformity can lead to perceptions of unfairness or a lack of accountability within the justice system. 

Abuse of Power 

Without proper oversight or guidelines, police discretion can be abused. Officers might use their discretion to make decisions that are not in the best interest of justice, such as exercising leniency or imposing penalties based on personal interests or preferences. This abuse of discretion can erode public trust in law enforcement and lead to a lack of accountability.