What problems are created by the existence of police discretion?

Answer 1

Advantages are allowing officers the flexibility to handle each situation in a manner that best fits its individual needs. It also promotes job satisfaction and autonomy which is important in the criminal justice system. Some of the disadvantages are that some officers will abuse this power of police discretion which can lead to a greater threat in police corruption. It opens a door to unequal fairness between citizens and complaints towards officers using unnecessary abuse

Answer 2

Uneven enforcement, the opportunity for favoritism and abuse. It can also lead to a sense of confusion in the community when some officers are much different in enforcement standards from the rest.

If, for example, the patrol cops don't write tickets for seat belt violations, or speeding tickets at less than 15 miles an hour over the limit, the traffic guys who are specifically charged with enforcing those violations get a bad reputation.

Whichever side you are on, a wide disparity in enforcement styles is unpleasant.

However - discretion is a necessary and valuable tool for a law enforcement officer. When discretion is taken from the street officer, as it often is in domestic violence cases, people who have no reason to be arrested find themselves in handcuffs and forced to become an unnecessary victim of the criminal justice system. What may have been resolved through conversation, counseling, or simply taking a break is turned in to a costly ordeal for all concerned.

One clear example of the inappropriateness of this type of law would be two brothers Wrestling in the front yard. If a neighbor calls and one or both show signs from their wrestling match then one or both go to jail.

Discretion is actually what makes a police officer effective. If he is forced to act on each and every violation then the officer becomes little more than a very poor substitute for a camera. The officer is forced to act on each and every incident regardless of the nature, severity or circumstance and almost all opportunity for positive interaction between the police and the public is lost.

Ideally a law enforcement officer will gain compliance using the least intrusive action possible. In the case of a speeder (for example) it may be as simple as turning on the overhead lights to let the speeder know he was noticed. The speeder receives a clear warning and knows that if the officer sees him again there will be no question whether or not he will be cited.