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POLICE CAUTIONS - A STUDY IN THE EXERCISE OF POLICE DISCRETION

NCJ Number
17013
Author(s)
D STEER
Date Published
1970
Length
64 pages
Annotation
DISCUSSION OF THE RESULTS OF AN EMPIRICAL STUDY ON THE USE OF POLICE CAUTIONING IN ENGLAND AS A MEANS OF DEALING WITH ADULT INDICTABLE OFFENDERS
Abstract
AN ALTERNATIVE TO PROCEEDINGS IN COURT, FORMAL CAUTIONING OF OFFENDERS TAKES THE FORM OF A VERBAL CAUTION AT A POLICE STATION FOR INDICTABLE OFFENSES AND A CAUTION SENT IN THE FORM OF A LETTER FROM THE CHIEF CONSTABLE FOR NON-INDICTABLE OFFENSES. THIS STUDY WAS ATTEMPTED TO SHOW THE PRECISE CIRCUMSTANCES UNDER WHICH OFFENDERS ARE CAUTIONED. A SAMPLE OF 317 ADULT MALE OFFENDERS (AGED 17 YEARS OR OVER), CAUTIONED FOR INDICTABLE OFFENSES DURING THE YEARS 1965-67, WAS DRAWN FROM THE RECORDS OF FIVE ENGLISH POLICE FORCES. EXAMINED ARE THE REASONS GIVEN FOR CAUTIONING IN AN INDIVUDUAL CASE, THE LEVEL AT WHICH THE DECISION TO CAUTION HAD BEEN TAKEN, AND THE INSTANCES IN WHICH POLICE HAD DISAGREED ABOUT THE MOST APPROPRIATE COURSE OF ACTION IN A PARTICULAR CASE. THE PRINCIPAL REASONS GIVEN FOR CAUTIONING WERE AS FOLLOWS: THE COMPLAINANT DECLINED TO PROSECUTIVE, THE VICTIM WAS A VOLUNTARY PARITCIPANT, INSUFFICIENT EVIDENCE, AND THE OFFENDER'S CIRCUMSTANCES. IT WAS FOUND THAT THE OFFICER WHO DEALT WITH THE CASE WAS THE FIRST TO SUGGEST A CAUTION. IN ONLY A SMALL MINORITY OF CASES DID THERE SEEM TO HAVE BEEN ANY DISAGREEMENT AMONG POLICE OFFICERS AS TO THE MOST APPROPRIATE COURSE OF ACTION. A SELECTED BIBLIOGRAPHY IS INCLUDED.

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