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Differential use of discretionary powers police and young offenders

Although police generally exercise wide discretionary powers across most of their duties, it is with respect to young people that these powers are the most extensive. Both sociological and psychological factors influence the use of police discretionary powers. There are said to be strong relationships between authoritarianism, for example, and justice outcomes. Other measures, such as cynicism and punitiveness, have been observed to be influential predictors of police behaviour. Extending the work on jury decision-making, along with other police research, the present research examines use of police discretionary powers with young offenders. Sworn police officers from two jurisdictions, New Zealand and New South Wales, responded to written surveys about their past and intended future behaviour surrounding four crimes most commonly conducted by young offenders. In all, over 500 officers took part in the studies. Further, participants responded to a battery of personality and attitude questionnaires, along with questions about situational variables normally taken into consideration by officers. Results show that police behaviour towards the same offending varies greatly, both within and across jurisdictions. New Zealand police officers were much more likely than New South Wales police officers to report that they diverted, rather than arrested, young offenders who had committed shoplifting and burglary offences. However, when responding to scenarios of underage drinking and assault, it was New South Wales police who were more likely to divert young offenders. There were very few significant relationships between attitudes and behaviour when examining either group, with significant results possibly being a side effect of large sample sizes. Further there were few significant relationships when considering demographic or situational variables. However, in an exploration of police personality, through cluster analysis, evidence was found for different 'typologies', or resonances, of police. The results indicate that police are not an homogenous group. In addition, quite complex relationships between measures of police behaviour and individual difference were found within the resonances, with effect sizes showing moderate results. The findings support the need to investigate further personality typologies and extend them to the examination of attitude-behaviour relationships. In addition, research into the use of an attitudinal measure, such as discretionary ideology, as an alternative to measuring behaviour could be expanded. Moreover, broadening of the research into additional areas of the juvenile justice systems, such as legal representatives, magistrates, and youth detention centre officers, would provide further insight into the appropriate use of discretion within juvenile justice for both minor offending and more serious offending. / thesis (PhDBusinessandManagement)--University of South Australia, 2004.

Identiferoai:union.ndltd.org:ADTP/284146
Date January 2004
CreatorsParker, Ann Louise
Source SetsAustraliasian Digital Theses Program
LanguageEnglish
Detected LanguageEnglish
RightsCopyright 2004 Ann L Parker

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