IMPROVING POLICE DISCRETION RATIONALITY IN HANDLING PUBLIC INEBRIATES - PART 1

• NCJ Number: 51352
• Journal: ADMINISTRATIVE LAW REVIEW Volume: 29 Issue: 4 Dated: (FALL 1977) Pages: 447-485
• Author(s): D E AARONSON; C T DIENES; M C MUSHENO
• Date Published: 1977
• Length: 40 pages
• Grant Number(s): 74NI-99-0055
• Agencies: NIJ-Sponsored

Annotation

THIS FIRST PART OF A TWO-PART ARTICLE DISCUSSES SOME OF THE ELEMENTS IN A MODEL FOR POLICY ANALYSIS AND IMPLEMENTATION IN THE POLICE HANDLING OF PUBLIC INEBRIATES.

Abstract

THE MODEL DEVELOPED IS BASED UPON TWO ASSUMPTIONS ABOUT THE PROBLEMS ASSOCIATED WITH POLICE HANDLING OF PUBLIC INEBRIATES: (1) A MAJOR IMPEDIMENT TO THE MORE RATIONAL AND JUST APPLICATION OF POLICE JUDGEMENT IS THE THWARTING OF PREFERRED WAYS OF EXERCISING POLICE DISCRETION BY CONFLICTING ORGANIZATIONAL AND SELF-INTEREST GOALS; AND (2) REINFORCEMENT DEVICES ARE NEEDED TO INSURE THAT THE POLICE EXERCISE THEIR DISCRETION ALONG PREFERRED LINES. THE PORTION OF THE MODEL DEVELOPED FROM THE FIRST ASSUMPTION, CONTAINING THE ELEMENTS PUBLIC POLICY GOALS AND IMPLICATIONS FOR PUBLIC INEBRIATE PICKUP AND CONFLICTS AMONG PUBLIC POLICY GOALS, IS DISCUSSED IN THIS PART OF THE ARTICLE. THAT ASPECT OF THE MODEL ROOTED IN THE SECOND ASSUMPTION IS CONSIDERED IN PART TWO OF THE ARTICLE (NCJ-51353). ALTERNATIVE GOALS FOR THE HANDLING OF PUBLIC INEBRIATES ARE OUTLINED UNDER THE CATEGORIES OF PUBLIC POLICY GOALS, ORGANIZATIONAL GOALS, AND INDIVIDUAL OR SELF-INTEREST GOALS. ALTERNATIVE GOALS IN THE CATEGORY OF PUBLIC POLICY GOALS ARE DISCUSSED IN DETAIL. THEY INCLUDE DEALING WITH A PUBLIC NUISANCE BY CLEARING THE STREETS; MINIMIZING THE EXPENDITURE OF CRIMINAL JUSTICE RESOURCES; MORE HUMANE HANDLING OF PUBLIC INEBRIATES; IMPROVING LONG-TERM REHABILITATION OF PUBLIC INEBRIATES; AND PREVENTING CRIME BY AND AGAINST PUBLIC INEBRIATES. TWO MAJOR SOURCES OF CONFLICTS AMONG PUBLIC POLICY OBJECTIVES ARE IDENTIFIED: (1) TRADITIONAL ORDER MAINTENANCE VERSUS DECRIMINALIZATION GOALS, AND (2) ANTAGONISM BETWEEN ALTERNATIVE GOALS OF DECRIMINALIZATION. VARIOUS ASPECTS OF THESE SOURCES OF CONFLICT ARE IDENTIFIED AND DISCUSSED. (RCB)