NCJ Number
15786
Journal
Iowa Law Review Volume: 58 Issue: 4 Dated: (APRIL 1973) Pages: 892-973
Date Published
1973
Length
82 pages
Annotation
STUDY DESIGNED TO DESCRIBE THE EXISTING PROCESS BY WHICH THE POLICE EXERCISE THEIR DISCRETION IN THE MAKING OF SELECTIVE ENFORCEMENT DECISIONS.
Abstract
THIS EIGHT-MONTH STUDY, WHICH FOCUSED ON THREE SMALL, URBAN IOWA COMMUNITIES, WAS CONDUCTED BY THREE STUDENT RESEARCHERS. THE MAJORITY OF THE FIELD WORK INVOLVED THE OBSERVATION OF LINE OFFICERS IN PERFORMING THEIR DAILY FUNCTION OF ROUTINE PATROL. A BRIEF DESCRIPTION OF THOSE ASPECTS OF CONVENTIONAL ADMINISTRATIVE LAW WHICH MAY BE APPLICABLE AND RELEVANT TO THE ADMINISTRATIVE FUNCTIONS OF POLICE IS FOLLOWED BY AN EXAMINATION OF THE EFFECTIVE LIMITATIONS ON THE PATROLMEN'S DISCRETION IN SMALL URBAN AREAS, EXISTING PRACTICES ARE ANALYZED TO ASSESS THE INFLUENCE OF ANY WRITTEN RULES AND TO PROBE THE PROCESS OF INFORMAL RULE GENERATION. ALSO EXAMINED IS THE SCHEME OF STATUTORY AND COMMON LAW CONTROLS APPLICABLE TO THE POLICE DEPARTMENTS AND ITS EFFECT IN CONTROLLING THE EXERCISE OF POLICE DISCRETION. POLICE PATROLMEN WERE FOUND TO ACT INDEPENDENTLY OF EACH OTHER AND THEIR SUPERIORS IN DETERMINING WHICH PERSONS WILL BE SUBJECTED TO THE CRIMINAL JUSTICE PROCESS. RECOMMENDATIONS ARE MADE TO CORRECT EXISTING DEFICIENCIES IN THE SYSTEM. THESE INCLUDE REVIEW OF POLICE DISCRETION AND RULES FOR POLICE BEHAVIOR.