When Police Officers Choose to Issue Citations or Make Arrests: Factors and Considerations
The decision of whether a police officer issues a citation or makes an arrest is often based on a myriad of factors, ranging from the offense's severity to the individual's behavior and situational circumstances. In many jurisdictions, officers have considerable discretion while still adhering to legal and departmental policies.
Understanding Police Discretion in Different Scenarios
While there are instances where police officers must make an arrest due to criminal violations, they do have discretion in others. For example, minor traffic violations or misdemeanors can often be handled with a citation, provided there are no immediate or significant concerns. However, this is not always the case. The lack of discretion can be particularly evident when it comes to felony offenses, where areas such as warrants and on-view criminal activity dictate the course of action.
Minor infractions, such as misdemeanor offenses, can result in the officer taking the individual into custody or issuing a citation. In this context, the officer's discretion plays a crucial role in determining the appropriate response. Many factors can influence the decision, including the officer's mood, the current workload, and whether the individual poses a threat to themselves or others.
Key Factors Influencing Decisions
The decision to issue a citation or make an arrest is not based on a one-size-fits-all approach. A variety of factors can come into play, including:
Severity of the offense. Felony offenses typically require an arrest, while civil violations and most misdemeanor traffic offenses can be handled with a citation.
The individual's behavior. A person who makes a mistake or demonstrates significant criminal intent is more likely to be arrested. Alternatively, a person acting erratically or displaying a hostile demeanor may also face immediate arrest.
Valid identification. If an individual has no valid identification, it is more likely that they will receive a citation to a fictitious person, given the prevalence of identity-related tactics.
Immediate risk to public safety. If the person is under the influence of drugs or alcohol, or if they are involved in a disturbance, they may be subjected to arrest to ensure public safety.
Departmental policies. Some agencies, due to manpower and staffing shortages, may adopt a "cite and release" policy whenever possible. This approach not only frees officers to continue patrolling but also reduces the risk of in-custody incidents.
Implications and Policies
The decision-making process in issuing citations or making arrests has significant implications for both the police department and the individuals involved. Some key advantages of a "cite and release" policy include:
Staffing efficiency. Departments can keep their officers out on the street, potentially reducing staffing pressures and increasing their visibility in the community.
Minimized liability. The longer someone is in police custody, the greater the risk of an incident occurring. Custody-related deaths can lead to significant scrutiny and potential lawsuits, so minimizing custodial time is beneficial.
Promotion of good behavior. The threat of arrest can sometimes encourage individuals to comply with police directives, thereby avoiding the need for an arrest.
However, it is important to note that every case is unique, and the police must balance discretion with adherence to legal and ethical standards. Officers must be trained to handle these situations tactfully, considering all relevant factors and ensuring the safety and rights of all parties involved.
Understanding these factors can help the public and law enforcement agencies work together more effectively, promoting a safer and more just community.