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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?
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3 Pillars of Discretion
Complete the Lesson for Situational Decision Making them comment below. Has this thought process and/or idea of the 3 Pillars of Discretion changed your view? Discretion is a pivotal role in enforcing laws. Laying charge every time isn't always in the public interest but how can you prevent the person from committing the offence or similar offense in the future. This is the art of Policing in the modern age. Comment on the tread below and lets hear your thoughts.
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Drill 1 – Traffic Stop with a Friend
Scenario It’s a weekday morning, and you are on patrol near an elementary school. You observe a vehicle travelling at 60 km/h in a posted 30 km/h school zone. You conduct a traffic stop. When you approach the driver’s side window, you realize the driver is an old high school friend you haven’t seen in years. He immediately laughs and says: “Wow, I can’t believe it’s you! Come on, you’re not going to give me a ticket, are you? Just let me off this one time.” The area is busy with parents and children walking to school. Your Response What would you do in this situation? Write your decision below:
Drill 6 – Minor Use-of-Force Complaint
Scenario During an arrest at a bar fight, you and your partner take a resistant subject to the ground. You use a controlled arm-bar technique to apply handcuffs. The subject yells loudly that you “hurt his arm” and continues shouting that he’s going to file a complaint against you for police brutality. A crowd of bystanders records the incident on their phones. You and your partner are confident that your force was minimal and necessary to safely control the subject. After the arrest, your partner suggests:“Don’t bother writing too much detail. It was nothing — let’s just keep the report simple so this doesn’t blow up.” Your Response What would you do in this situation? Write your decision below:
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Drill 5 – Public Intoxication
Scenario It’s Friday night, and you are patrolling a busy downtown area. You come across a man who is extremely intoxicated. He is stumbling on the sidewalk, yelling at people passing by, and nearly steps into traffic. When you approach, he becomes loud but not violent. He does not appear to have committed any other offence besides being drunk in a public place. He has no ID on him, and no friends are nearby. Several members of the public are watching your interaction. Your Response What would you do in this situation? Write your decision below:
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