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Re: Snow, Ice and "Discretionary" Enforcement(LONG!)



At 10:03 AM 01/14/2000 -0800, Dan Weaver wrote:
>Discretion is defined as "the power to decide or act according to one's own
>judgement".

Officer discretion can also mean that an officer is more likely to issue a 
citation to people he generally disapproves of--people with "disagreeable" 
clothes, hair, attitudes, cars, skin color, etc.  I am not saying that all 
cops act like this, and I am not saying that this is a major problem in 
Moscow.  I am saying that discretion is a sword that cuts both ways.  I am 
wondering what kind of "discretion" resulted in the citation under 
discussion.

Studies in some cities and states (not Moscow) show that black motorists 
are disproportionately more likely to be stopped for minor traffic 
infractions than white motorists (DWB--Driving While Black).  African 
Americans are also disproportionately more likely to be arrested, tried, 
convicted, and sentenced to jail terms for drug offenses.  Certain 
categories of our society are more likely to suffer from the blade of 
discretion than others.

I by no means would want to eliminate discretion, but it is something that 
should definitely be subject to public review and criticism, as is being 
exercised on this list.


Bob Hoffmann
229 East C St., Suite B
Moscow, ID  83843  USA
Phone: (208) 883-0642
Fax: 1-800-683-3799
http://www.alt-escape.com




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