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August Vollmer
The police chief of Berkeley, California from 1909 through 1923 decided to make policing more professional. He created the first police records system, he was the first to create a mobilized force, and the first to use the lie detector. Gaining a more controlled hold on the force would lead to better policing in general, closing loopholes in the law that would not allow them to prosecute gangsters before. This also came with the aspect of trust in the officers, since they were pronounced more trained to handle various situations on their own.

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Anna Thompson
A study by a National Urban League researcher showed that the population in Philadelphia, at the time was 7.4% but blacks made up 25% of the arrest. She states that "they were overwhelmingly innocent of any real charges except suspicious character”.They were needless arrests. They concluded that big cities had a systematic massive policing problem, due to the freedom of arrest policemen were able to make

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Sale & Distribution of alcohol
World War 1 is over and so are America's days of drinking. From 1920 to 1933, the sale and distribution of alcohol were off-limits to everyone but resulted in the biggest surge of underground illegal alcohol smuggling. Government agencies found it hopeless to fight against illegal alcohol sales, police often joined the mobsters because if you can beat them, join them. The discretion in their job allowed them to join in the sales of illegal alcohol rather than trying to stop it.

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Kelly Miller
In 1935, this leading sociologist published a poignant statement about police officers represented in black communities. He states that too often that the policeman's club is the only instrument of the law with which blacks comes into contact. This engenders in him a distrust and resentful attitude toward all public officers, no one doubts that a kinder attitude would convince blacks of the value of themselves and representation of good citizenship. The option between these attitudes traces back to choose of the officers.

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Remington & Lloyd Ohlin
Conducted surveys on police departments and officers that would focus on how the law operates compared to how it is written in a book. The study showed that discretion was found to be used at all levels of criminal justice organizations. The simple idea that a policeman can proceed with a arresting whether a law has been violated or not, was an inaccurate portrayal of how police operated.

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L W Sherman; R A Berk
The experiment conducted between 1981 - 1982, applied to simple domestic assaults. With both the suspect and victim present, the police officers were required to carry report forms, colored coded to the policeman’s 3 response types. Results showed that arresting the suspect was the most effective in preventing future violence. Problems arrived in police discretion as this caused many spouses to fear calling the police as their loved one might be arrested. Domestic violence cases focus on victims to use their discretion in deciding on whether to call the police.

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Mastrofski; R R Ritti; D Hoffmaster
A study on drunk driving stops showed that officers in 2 larger departments governed by administrative procedure, were less likely to arrest than those in smaller departments. Loose aspects of the apparatus and discretion were pronounced in large departments, but priorites were coupled to officer discretion in smaller departments. Smaller agencies relied on DUI arrests to assert their dominance and professional worth. Larger departments were preoccupied with other issues, not finding DUIs useful for sustaining community support.

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This study examined the relevance of these models for explaining patrol officers' decisions to arrest in the drinking-driving situation in four police agencies. Analysis of officer questionnaire responses (N=71) to a drunk driver scenario showed that officers in the two larger, bureaucratized departments were much less likely to arrest than those in the smaller departments. Loose coupling of the administrative apparatus and officer discretion were pronounced in the large departments, but administrative priorities were closely coupled to officer discretion in the small agencies. Unable to employ elaborate bureaucratic forms due to size constraints, the small departments pursued DUI arrests to demonstrate their professional worth. The larger departments, operating with fewer resources relative to demand, were preoccupied with other issues and did not find a high DUI arrest rate particularly useful for sustaining community support. They were able to rely on institutional forms that signified commitment to DUI arrests without actually constraining officers to make them. (Author abstract)

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Organizational Determinants of Police Discretion: The Case of Drinking-Driving

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This study examined the relevance of these models for explaining patrol officers' decisions to arrest in the drinking-driving situation in four police agencies. Analysis of officer questionnaire responses (N=71) to a drunk driver scenario showed that officers in the two larger, bureaucratized departments were much less likely to arrest than those in the smaller departments.

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KKK
State and local governments have enacted legislation to prevent violence, but this did not stop the right to have freedom of speech and assembly of the KKK members. States and other legislative efforts to prevent Klan violence included penalties for crimes committed because of racial or religious bias. Collecting evidence and information on bias crime was required by law enforcement, prohibiting carrying any weapons at parades or marches. Leaving an open door to police discretion on the report of a bias/ hate crime.

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Khalil Gibran Muhammad
Khalil, a historian who taught at Harvard University was subjected to police violence. He participated in a protest by the Black Student Union where they tried to confiscate the entire run of the school newspaper. The newspapers were free, but the officer wanted him to drop them when he proceeded to take them. When Khalil didn’t comply things took a turn for the worst, the officer who'd arrested Khalil was put on leave by the university, but he quickly appealed. Kahlil had no record of criminal activity or background he was simply wrongfully placed in the hand of mistreatment by a policeman using his power of discretion.

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Joseph A. Schafer; Stephen D. Mastrofski
A study showed how police officers made decisions to stop and punish in the course of traffic enforcement duties. The study relied on field observations on how officers used discretion, partially leniency, in traffic encounters - The findings indicated that leniency in sanctioning was common in drivers that lived up to the officer's behavioral expectations. Less respect toward officers and regretfulness towards their actions lead to harsher and less lenient treatment.

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Despite the fact that controversy over racial profiling has brought police activities and discretion under public scrutiny, relatively little research has focused on how police officers use their discretion in traffic enforcement encounters. The current study relied on field observations and interviews with police officers to explore how the officers used discretion, particularly leniency, in traffic enforcement encounters. Students being trained to conduct systematic social observations of police officers observed 151 traffic stops during 288 hours of ride-along observations. Students also interviewed 13 officers and supervisors from the patrol division regarding their observations of how police spent their time and performed their duties. The results focus on how officers made decisions, particularly in terms of whether to stop and to sanction, and the factors that influenced those decisions. The findings indicated that leniency in sanctioning was common provided motorists lived up to officers' expectations in terms of their behavior (contrite) and their acknowledgment of responsibility for the infraction. Results are discussed at two levels: the psychology of the individual officer and the organizational dynamics of the traffic stop. Given that little was learned about the cognitive mechanisms used by officers during traffic stops, future research should focus on exploring the questions officers ask themselves when confronting citizens in the course of their police duties. Tables, notes, references

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Author(s) Joseph A. Schafer; Stephen D. Mastrofski

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Police Leniency in Traffic Enforcement Encounters: Exploratory Findings From Observations and Interviews | Office of Justice Programs