Learning Objectives:
Describe the circumstances under which police may use deadly force according to the Tennessee v. Garner case.
Define Police Discretion and its relationship to selective law enforcement.
Description:
Police officers are required to interpret the law and make immediate judgments as to whether a law has been violated, whether to make and arrest, and whether to use force in doing so. These decisions are extremely complex, and police must exercise considerable discretion in making these judgmentsdeciding what constitutes a violation of the law, which laws to enforce, and how and when to enforce them. An outgrowth of this discretionary power is selective law enforcement. Studies of police discretion have demonstrated that the most significant factor in the decision to arrest is the seriousness of the offense, supplemented by other information, both objective and subjective. (Hendrix 5-3)
The concept of police discretion is important to understand because it is widespread and occurs in many different types of situations. When is discretion and selective enforcement of the law most prevalent, and when is it perceived as acceptable? The most common situation might be traffic violations. Take this example: The driver is speeding at more than 20 mph over the limit in a quiet, pristine residential neighborhood and almost hits the traffic cop in the process of pulling over. One would think that the $150+ traffic ticket and several license points would be unavoidable. However, since the driver was a doctor from the local hospital, he was cited only for not having his proof of insurance in the car, a ticket easily dismissible by mailing in the paperwork and a $7.50 fee. Furthermore, the brake light that was out and registration that was over two months past due were overlooked as well. (This is a true example.) Is this a case of police discretion? Or is this just preferential treatment for certain members of the community?(Hendrix 5-12).
Under common law, police were authorized to use deadly force as a last resort to apprehend a fleeing felon. Today, many departments have enacted policies focusing on deadly force. In Tennessee v. Garner, the Supreme Court held that deadly force against a fleeing felon is proper only when it is necessary to prevent escape and when the officers have probable cause to believe that the suspect poses a threat of death or serious injury to the officer or others. Police also rely on nonlethal weapons to reduce fatal shootings (Hendrix 7-1)
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