POLICE DISCRETION IN CONTEMPORARY AMERICA

POLICE DISCRETION IN CONTEMPORARY AMERICA

A Thesis submitted to the Faculty of The School of Continuing Studies

and of The Graduate School of Arts and Sciences In partial fulfillment of the requirement for the

degree of Master of Arts In Liberal Studies

By

Bernice B. Young, B.A.

Georgetown University Washington, D.C. April 4, 2011

Copyright 2011 by Bernice B. Young All Rights Reserved

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Police Discretion in Contemporary America

Bernice B. Young, B.A. Mentor: Elizabeth M. Duke, Ph.D.

ABSTRACT

Police officers legitimately have broad powers of discretion to enforce the law. Discretion is the capacity an individual police officer possesses to make a choice among a number of possible courses of actions. This thesis discusses police exercise of discretion and its relationship to the U.S. Constitution and the Criminal Justice field. It addresses the two most common interactions between police and citizens, the traffic stop and maintenance of order. It illustrates abuse of discretionary authority in the Rodney King case and the Kent State University shootings. This thesis will conclude by addressing the use of standards to help focus police training on proper use of discretion consistent with U.S. democratic values.

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ACKNOWLEDGMENTS

I would like to thank Dr. Betty Duke, for being my mentor and support and for encouraging high standards in my work throughout this project. Her constructive criticism has enabled me to complete my research project. Without her help and guidance, I would not have accomplished a successful research product.

I am enormously grateful to Anne Ridder and Dr. Phyllis O`Callaghan for their genuine encouragement and for guiding me to the Liberal Studies Program. Special thanks to Dr. Anthony Tambasco for being an outstanding professor and having the sincere insight to understand diversity. His lectures provided a strong foundation for my research project. Special thanks also to Dr. Joseph Smaldone for helping me understand the importance of genealogy. Without his lectures, I would be devoid of family history. I would like to thank, Rory Quirk, J.D. for his profound wisdom and knowledge of Constitutional Law. His lectures helped me focus my research project topic. Thanks to Dr. Tod Linafeld for illuminating Job and wisdom. I would also like to thank Professors Nikki Krass Castle, Richard Duke, Jan Goldman, James Hershman, S. Anthony McCann, and Juliet Sablosky for their dedication to academia and excellence.

I would like to thank my family, friends, and church-family for all their wholehearted support. I thank my parents for instilling the importance of education and encouraging me to seek wisdom. Finally, I thank my son, Thomas, my late daughter, Tiersha, my granddaughters Nyia and Chanel, and Profula for their love and support throughout my academic endeavors. Thanks to the Lupus Foundation research efforts.

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CONTENTS

COPYRIGHT........................................................................................ii ABSTRACT...........................................................................................iii ACKNOWLEDGMENTS..........................................................................iv CHAPTER ONE: INTRODUCTION.......................................................................................1 CHAPTER TWO: DISCRETIONARY AUTHORITY AND DEMOCRACY...............................................20 CHAPTER THREE: DILEMMAS OF EXCESSIVE DISCRETIONARY POWER.................................46 CHAPTER FOUR: STANDARDS TO MOTIVATE REVELANT POLICE TRAINING.......................70 CONCLUSION........................................................................................79 BIBLIOGRAPHY...................................................................................82

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