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The Saturday Los Angeles Times has an article based on a Los Angeles Sheriff’s Department lieutenant’s internal memorandum to deputies in Norwalk Station. In the memo, the LT encourages the deputies “… to consider an individual’s past and career potential before making a felony arrest.” Here is a link to the entire article.
Question: How much discretion should law enforcement officers have in deciding whether or not to make a felony arrest? Do you agree or disagree with Hubert Williams, president of the Police Foundation, who said the decision to arrest should consider the behavior, not the individual?
This is a good one Bill. Generally speaking, I agree with the memo. What I believe his message to be is, use common sense. Trust me, Biola students are know for being solidly upright. Very religious among other attributes. This and the example of the student taken to jail for non-payment of a restaurant bill are perfect examples of why Mr. Williams statement is “cloudy”. And both clearly demonstrate the difficulty law enforcement finds itself facing today. The pendulum has swung way too far from common sense. I am not alone when I say that the rights of the criminal have become more important than the rights of the victim.
Comment by rochereau — August 16, 2010 @ 9:52 am
Seriously? This is only a paper-thin distance away from making a decision like, “If this kid who just boosted beer from a supermarket is related to a city council member, then we’ll let him go.” I call B.S. If they commit a felony, they get charged. A cop is a not a judge.
Comment by Dan — August 16, 2010 @ 9:57 am
This black and white, commit a crime and get busted. I had a surrogate father that ended up as a chief of police in a major metropolitan area in the last 60’s and he explained it very clearly. The police enforce the laws. You break one and get caught, you’ll be arrested. The arrest has nothing to do with the perpetrator, its the crime, and when it does involve the character of the perp at the scene, then the water is muddied.
It is just this type of liberal interpretation of muddying the waters in Arizona’s immigration law that has the libs up in arms in opposition.
Comment by Ancientemplar — August 16, 2010 @ 10:26 am
But Dan, that isn’t what happened and, of course, you are correct in your example. I can assure you, L.A. is not CDA. The children of policemen, politicians, actors etc., are arrested all the time. I remember that the daughter of then L.A. Mayor Bradley was frequently arrested. Speaking of the two examples used, I would hazard a guess that not paying an $89. restaurant bill is a misdemeanor, not a felony. The knife, I’m not sure. You often make me laugh. So, one good turn deserves another. Answering my door one evening, I was met with a very large person who had a warrant for my arrest. This was so ludicrous that I burst out laughing so hard I couldn’t stop. Needless to say, the arresting officer was non-plused. It seems that I had allegedly ignored notices that dog licenses were due. We were in Europe at the time found no notices on our return. My dog licenses were current. However I decided to make an example of this nonsense and let myself be booked. I was told I would have to ride, cuffed, in the police car. Absurd said I, I don’t ride with strange men. I will follow in my car. I was told you can’t drive yourself to jail when you have been arrested says the totally baffled officer. At this point, my husband interjected that I would not appreciate the “booking procedure” and would have to wait in an unpleasant atmosphere to be bailed out. He also showed the current licenses…party pooper! My point, common sense. He never asked if we had valid licenses and who gets hauled off to jail for dog licenses?
Comment by rochereau — August 16, 2010 @ 10:28 am
It is a good question that does not have an absolute answer.
The only decision the officer/deputy has is whether to arrest or not arrest (assuming citation is not available, and it’s usually not in felony cases). The decision to charge or decline to charge an arrestee is usually made by a prosecutor. One of the factors that should be worked out between law enforcement administrators and prosecutors and courts is the threshold for prosecution. If a prosecutor’s office is going to consistently and as a matter of policy decline to prosecute certain felonies (e.g., check forgery above the misdemeanor/felony break point but below the prosecution threshold), then it seems like the cops, the prosecutors, and the courts need to get together and formulate a catch-and-release policy. Ultimately, the legislature should correct laws that result in compulsory arrests and overcharging.
Comment by Bill — August 16, 2010 @ 11:56 am
Rochereau, you hadn’t committed any crime, and the person who issued the warrant was in error. The cop should have used common sense and looked at the current licenses. He would not have been making a decision based upon your apparent character but rather that the warrant was in error.
Comment by Ancientemplar — August 16, 2010 @ 12:05 pm
Ancientemplar, that is exactly what ultimately happened. Based on the current licenses my husband produced, the officer left. He did have a parting comment, “lady, you wouldn’t like being in jail”. My point in telling the story, other than it was quite funny, who issues a warrant for tardy dog licenses. We never found out, not worth the trouble. We had the current licenses and the cancelled checks that paid. Our neighbors found the whole incident entertaining although they couldn’t hear the dialog.
On a serious note, California is in severe financial trouble and that is having a negative effect on the courts. They are so bogged down that plea deals become the norm. Anything to clear the dockets for the really serious crimes. Crimes I think serious, are routinely pled out. The police are aware of this. Could have an effect on routine “stops”. There is talk within the system that hearing civil cases may become extinct because the courts can only handle crminal. Can’t conceive of this happening, who knows.
Comment by rochereau — August 16, 2010 @ 2:45 pm