RE: Snow, Ice and "Discretionary" Enforcement

["Stephen Cooke" <scooke@uidaho.edu>]

Dear Visionaries,

 It seems to me that discretion (or lack thereof) by police or any
government employee is one end of a dilemma. The other end is doing
everything "by the book." Discretion used well is viewed as good judgment
and common sense, i.e., appropriate use of force for the situation. When
discretion is used poorly, it quickly becomes arbitrary and capricious,
e.g., police brutality. On the other hand, if everything is "by the book,"
then it can be seen as standardized and fair treatment under similar
circumstance. But "by the book" can also seem arbitrary and capricious when
the context changes relative to what the rule maker initially had in mind,
e.g., strip searches of all prisoners who enter the local prison in a
situation in which someone is brought in for a minor traffic violation. It
seems to me like a no win situation. I would support discretion for police
and place the emphasis on hiring officers w/ good judgment along with
sufficient administrative oversight, feedback, and review.

Steve Cooke