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In this week's discussion I am choosing the career of being a police officer. The decisions and discretion used as a police officer can either kickstart your entry into the criminal justice system or give leeway for you to avoid it. The discretionary choices range from verbal warnings on traffic stop to summonses to arrest.

One area where discretion is widely afforded is during traffic enforcement/offenses. First you have the discretion on whether to stop the vehicle or not. Depending on the offense or infraction officers can issue verbal or written warnings. They can then choose to summons or arrest for different criminal offense ( unlicensed operation, Suspended license etc.). In some instances officers have the discretion on whether to tow a vehicle or not depending on safety issues with the vehicle, license status of the operator or if the vehicle is unregistered to name a few. Many times officers can allow an unlicensed expired driver or unregistered car be activated and corrected roadside again at the officers discretion to allow that. This discretion allows officers to have leeway and use traffic enforcement as a tool. The factors that go into what discretion action will be taken usually involve driver history, operator demeanor and severity of offense.

As a police officer during incidents of domestic violence you have much less leeway. As we have learned in the previous module domestic violence laws are to be taken serious with many required steps to be taken. The laws state that the preferred response shall be an arrest when probable cause is found. This requires you to find the primary aggressor in the situation and make the arrest of that individual. The law states this is to happen even if the victim does not wish to pursue charges. This is due tin part because of the relationship defined under domestic relationships ( spouse, blood relative, roommate etc.). Absent a relationship covered in domestic violence an assault and battery such as a punch between two friends for example is not arrestable unless in your presence ( Massachusetts). The laws of domestic violence also state you need to provide medical attention/transport for the victim and offer protections such as a restraining order following the arrest. These are not up to officer discretion on whether to offer them or not and are required. The suspect arrested is also held for a minimum of 6 hours before being eligible for bail ( at-least in MA). These laws reduce and take away discretion is the decision making process to protect the victim and ensure these types of calls are handled in a more uniformed way each time.