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What are the good ways that discretion can be used?

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Discretion can be used in good ways acro...

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Good judgment, efficient use of resources, and sound public policy are examples of


A) positive use of discretion.
B) negative use of discretion.
C) reverse use of discretion.
D) street smarts discretion.

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According to the text, which of the following is a type of discretion that is sometimes argued about abolishing?


A) use of informants
B) mandatory sentencing systems
C) sting operations and arrests
D) plea bargaining

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D

Mastrofski, Snipes, and Supina investigated the extent to which citizens comply with requests from police officers.What was a finding of this investigation?


A) Citizens often do not comply with officer requests.
B) Failure to comply did not affect the officer's decision to arrest.
C) An arrest resulted in a large majority of the failure to comply cases.
D) Citizens complied with officer requests most of the time.

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What is one of the most important functions of citizen oversight of the police?


A) police sanctioning
B) administrative rulemaking
C) policy review
D) systematic rulemaking

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An example of a patrol officer's discretion in decision making is


A) to give high priority to traffic law violations.
B) to conduct a high-speed pursuit.
C) to conduct a stakeout.
D) to adopt community policing or problem-oriented policing.
E) to seek a warrant for a search.

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Kenneth Davis, a leading authority on administrative law, asserts that there are three specific objectives of administrative rulemaking.Which of the following is not one of the three objectives?


A) mandating discretion
B) checking discretion
C) structuring discretion
D) confining discretion

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An example of administrative rulemaking is


A) affirmative action.
B) the use deadly force.
C) the budget of the police department.
D) the type of patrol car that is purchased.
E) all of these

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The misuse of discretion by police officers can result in abuses of citizens or ineffective management of a police department.What are the five major problems that the text presents?

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1. Abuse of power: When police officers ...

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Discretion is defined as


A) a decision based on sound public policy.
B) a decision by a judge based upon all the facts submitted by the individual.
C) a decision by criminal justice official based on the best course of action.
D) reinforcement of law with a good decision.

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Regarding gender, research has shown that ______________.


A) the behavior of female officers is significantly different from the behavior of male officers.
B) the behavior of female officers is more aggressive than male officers.
C) there is no significant differences between the behavior of female and male officers.
D) male officers try to distinguish themselves from female officers by arresting more people, using greater physical force, and inflicting lethal force more frequently.

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Kenneth Davis, a leading authority on administrative law, describes the principles of administrative rulemaking as


A) attempts to avoid law suits.
B) combining law and practice.
C) a strategy to fill the gap between law and practice.
D) answering all questions of policy.
E) avoiding "tough" decisions.

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Which is not a limitation concerning administrative rulemaking?


A) Rules are typically written by departmental insiders.
B) Rules cannot cover every situation.
C) Complex rules create uncertainty for the officer.
D) Formal rules may encourage evasion.

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What are the three basic strategies for controlling discretion?

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The three basic strategies for controlling discretion, particularly in the context of public administration and law enforcement, are as follows: 1. **Rule-based Controls**: This strategy involves the establishment of clear, detailed rules and regulations that limit the amount of discretion an individual can exercise. By having comprehensive guidelines and standard operating procedures, decision-makers are required to follow a prescribed course of action in given situations, which reduces the opportunity for personal judgment or bias. This approach is often used in bureaucratic organizations to ensure consistency and predictability in the application of policies. 2. **Outcome-based Controls**: This strategy focuses on evaluating the outcomes or results of decisions made by individuals with discretionary power. Instead of dictating the process, this approach sets targets, goals, or results that need to be achieved. Performance is then assessed based on whether these objectives are met. This can be seen in management practices where employees are given freedom in how they achieve their goals, but are held accountable for the final results. This strategy can encourage innovation and efficiency but requires effective monitoring and evaluation systems to ensure that the desired outcomes are being achieved without negative side effects. 3. **Process-based Controls**: This strategy emphasizes the importance of the decision-making process itself. It involves oversight mechanisms such as supervisory review, peer review, or public transparency to ensure that decisions are made appropriately. The idea is that a fair and open process will lead to fair and reasonable decisions. This can include requirements for documentation of decisions, reasons for actions taken, and the opportunity for appeal or review by higher authorities or the public. Process-based controls are often used in conjunction with rule-based controls to ensure not only that the correct procedures are followed but also that the procedures themselves are fair and just. Each of these strategies has its strengths and weaknesses, and they are often used in combination to control discretion effectively. The choice of strategy may depend on the specific context, the goals of the organization, the nature of the discretion being exercised, and the potential risks associated with that discretion.

The 1985 Supreme Court decision in Tennessee v.Gardner ruled that which of the following standards was unconstitutional?


A) the driving while intoxicated standard
B) the police pursuit standard
C) the fleeing felon standard
D) the mandatory arrest standard

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The neighborhood environment influences officer discretion.

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What is an advantage that written rules offers to the police officer?


A) They eliminate the need for professional judgment.
B) They increase citizen satisfaction with police.
C) They provide direction on how to handle critical incidents.
D) They allow for more efficient patrolling activity.

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While addressing incidents, such as domestic violence, that are largely hidden from public view, police officers can more easily ignore policy and the reporting requirement.This type of incident is called


A) course of action work.
B) sub action police work.
C) low level work.
D) low visibility work.

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D

With respect to the exercise of discretion, police officers are also know as


A) Bobbies.
B) street-level bureaucrats.
C) thugs.
D) posses.
E) detectives.

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The seriousness of the crime and the strength of the evidence are called


A) preference of the victim.
B) strength of the case.
C) culture factors.
D) situational factors.

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