THE 3 PILLARS OF DISCRETION
1. LEGALITY (The Framework) The Question: Do I have the legal authority to act? • Key Factors: Probable Cause: Is there enough evidence that a crime was committed? Statutory Mandate: Does the law require an arrest (e.g., some domestic violence laws) or is it optional? Department Policy: What does the Standard Operating Procedure (SOP) say about this specific situation? 2. PUBLIC INTEREST (The Impact) The Question: Does my action serve the community or just satisfy a technicality? • Key Factors: Harm vs. Benefit: Will an arrest cause more long-term harm to the community than the original offense? Resource Allocation: Is this a priority call, or is my time better spent on more serious "Part 1" crimes? Public Trust: Will my decision build or destroy the relationship between the police and the citizens? 3. MITIGATING CIRCUMSTANCES (The Context) The Question: What unique factors about this individual or situation should change the outcome? Key Factors: Intent: Was the act malicious or born out of desperation/emergency? Prior History: Is this a first-time mistake or a pattern of behavior? Victim’s Wishes: Does the victim want a full prosecution, or are they satisfied with a warning and restitution?