Discretion and Policing

I often discuss the importance of officers using good discretion in their daily work. When I refer to using discretion, I am referring to petty and minor violations, not crimes of violence, where victims are concerned or of serious or dangerous nature.  An example of a discretionary act was when an elderly driver pulled out of a parking lot at dusk and had forgot to turn on her headlights on. When I pulled her over, she immediately realized her error.  She had a good driving record and was clearly aware of her mistake, so I decided a warning was the best way to handle this situation.

I was recently asked if we have a written matrix officers can use to help in their decision making process in the use of discretion. The reality is that there are a multitude of discretionary scenarios officers face daily involving minor violations that it is impossible to cover every situation. So how do we decide what to do? 

The Wichita Police Department prioritizes hiring educated, bright, problem-solving police officers who are capable of working through difficult, complex and often life threatening situations.  These officers are then put through rigorous and thorough training. First, in order to be a Wichita Police officer they are required to attend The Wichita Police Academy which is 26 weeks long- 14 weeks longer than the regular 12 week Kansas State Academy. During that training discretion, problem solving and critical thinking is taught and discussed.  After the training academy, the officer then has an additional three months of training with individual training officers where laws, values, mission and vision of the department are further learned.

When I taught new recruits discretion, we would discuss the letter of the law versus the spirit of the law and the importance recognizing the difference. An example of this is while we legally could ticket people for going one mile per hour over the speed limit we don't. The spirit of the law is to manage traffic flow and keep people safe. 

 From time to time I hear from citizens about tickets they've received for minor violations they felt were petty and unnecessary.  Often the theme of the complaint is that the police action taken was antagonistic and unnecessary.  One of the recent complaints involved a license plate light that worked but wasn't visible within the required distance and another came from a citizen to an elected official where they were cited for not immediately turning into the closest lane after making a right turn.  Neither caused and accident or were associated with causing danger.  I share these examples to show how the issuance of minor tickets concern citizens and elected officials.

Discretion goes beyond just traffic enforcement. As I work to advance our organization's values I recently spoke to our latest recruit class about the use of discretion when dealing with youth.  It is my expectation of our police to find opportunities to interact positively with youth and serve as good role models in their life.  When kids are testing boundaries or involved with minor violations, whenever possible and practical, officers should guide, coach, mentor and divert them from the criminal justice system. 

Don't get me wrong, I still go out and patrol the streets and like to catch bad guys victimizing our good citizens.  I like to take law enforcement action when people are driving recklessly and putting others in danger.  The discretion I am talking about is about minor violations where, through a warning, we feel we can change behavior.  

I see discretion as one of the most powerful tools in an officer's tool belt. Using the hammer for minor violations can create an antagonistic relationship. As the old adage goes, "if we believe the only tool we have is a hammer, you will treat everything like a nail."  Our best officers consistently use good discretion and by doing so they are able to make positive, lasting impacts on the people's lives they serve.