Disturbance Call Review

Discretion is a major part of a police officer’s role, and the decision they make in a split second can have many different outcomes and consequences. In Chapter 5, you learned about tactical decision-making and scenario-based training for new officers.

Imagine you are a new criminal justice professional who is asked to participate in a review board concerning a disturbance call that has captured coverage by the news and social media.

Preparation
Read the Sidebar 11-2, “Police Discretion in a Routine Disturbance Call,” on page 380 from Ch. 11, “Police Discretion,” of The Police in America: An Introduction.

Police Discretion in a Routine Disturbance Call

Stage 1: Officer dispatched to 911 call about a “disturbance.”

Officer response: How should the officer prepare himself or herself for the call?

Stage 2: Officer arrives on scene and discovers that there is a mentally ill person acting out.

Officer response: What actions should the officer take? Call for backup? Handle the situation alone? Assess the potential danger to other people?

Stage 3: The mentally ill person says he will kill the officer.

Officer response: Should the officer change his or her plan of action? If so, in what way? Warn the person? Threaten the person with arrest? Draw his or her weapon? Call for backup (if not done already)? Attempt verbal de-escalation?

Stage 4: The mentally ill person picks up a baseball bat.

Officer response: What should the officer do? Reassess the potential danger? Order the person to drop the bat? Threaten to arrest again? Attempt verbal de-escalation?

Stage 5: The mentally ill person says, “Go ahead and shoot me. I want to die.”

Officer response: What should the officer do now? Shoot him? Try more verbal de- escalation? Ask family members or friends who are present about how serious is the person’s mental health issue? Ask one of these people to speak to the person?

Stage 6: The mentally ill person throws the bat away. (It is now at a safe distance from him.)

Officer response: What should the officer do now? Order him to lie on the ground? Threaten arrest? Make an arrest?

Stage 7: The mentally ill person falls to the ground, crying.

Officer response: Now what should the officer do?

Final stage: What should the officer do to bring the incident to an end?

Consider the different stages the officer faces in the scenario.

Select stage 4, 5, or 6 and review the officer response provided.

Considering the actions taken during the disturbance call, respond to the following prompts in 125–175 words each:

Describe possible decision points that the officer may have faced.
Explain how one decision the officer could have made modeled abuse of discretion or positive use of discretion.
Describe factors that may limit the officer’s discretion.
Explain at least 3 internal and 3 external mechanisms police departments use for accountability.

Full Answer Section

       

Abuse of Discretion:

An abuse of discretion might occur if the officer were to immediately resort to deadly force without exhausting all other options. This could include:

  • Failure to de-escalate: Ignoring opportunities to calm the situation through verbal tactics or other non-lethal means.
  • Disregarding mental health considerations: Failing to recognize the individual's mental health crisis and responding with excessive force.
  • Using force disproportionate to the threat: Employing excessive force, such as deadly force, when the situation does not warrant it.

Positive Use of Discretion:

A positive use of discretion would involve:

  • Attempting de-escalation: Using verbal tactics, non-lethal force options, or crisis intervention techniques to calm the situation.
  • Seeking professional mental health assistance: Requesting the assistance of mental health professionals to assess and intervene.
  • Using restraint techniques: Employing appropriate restraint techniques to safely subdue the individual, if necessary.

Factors Limiting Officer Discretion:

  • Departmental Policies: Department policies and procedures can constrain officer discretion.
  • Legal Constraints: Laws and court rulings can limit the use of force.
  • Public Scrutiny: Increased public scrutiny and media attention can influence officer decision-making.

Internal Mechanisms for Accountability:

  • Internal Affairs: Investigates allegations of misconduct.
  • Early Intervention Systems: Identify officers who may be at risk of misconduct.
  • Use-of-Force Policies: Provide guidelines for the appropriate use of force.

External Mechanisms for Accountability:

  • Civilian Oversight Boards: Monitor police conduct and investigate complaints.
  • Judicial Review: Courts can review the legality of police actions.
  • Media Scrutiny: Media coverage can expose misconduct and hold police accountable.

By understanding the factors that influence officer discretion and implementing effective accountability mechanisms, law enforcement agencies can promote public trust and ensure that officers use their authority responsibly.

Sample Answer

     

Stage 5: The Mentally Ill Person Says, “Go ahead and shoot me. I want to die.”

Possible Decision Points:

  • Use of Force: The officer must weigh the use of deadly force against the potential for de-escalation.
  • Mental Health Crisis: The officer must recognize the individual's mental health crisis and determine the appropriate response.
  • Public Safety: The officer must assess the threat to public safety, including the safety of bystanders and responding officers.