CFLM 2, Semis

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DECISION MAKING

The similarities between problem solving and decision making

Problem solving and decision making are not synonymous with each other, but they are both
important skills for leaders to have. People often use the terms problem solving and decision making
interchangeably specifically because they have elements in common.

What is Decision Making?

In its simplest sense, decision-making is the act of choosing between two or more courses of action.
In the wider process of problem-solving, decision-making involves choosing between possible
solutions to a problem. Decisions can be made through either an intuitive or reasoned process, or a
combination of the two.

Intuition is using your ‘gut feeling’ about possible courses of action.

Reasoning is using the facts and figures in front of you to make decisions.

Discretion – a power or right conferred upon of acting officially I certain circumstances according
to the dictates of their own judgement, uncontrolled by the judgement or conscience of others.

Supervision is an interpersonal interaction between supervisor and supervisee. At


least two person.

The Ethics Surrounding Discretion

According to McGregor (Kleinig,1996), discretion can only be interpreted as those


decisions that are made with lawful authority rather than decisions made for illegal reasons.
Furthermore, the individuals within an institution must have lawful authority to make the decisions
and must operate under the constraints acceptable to others within the organization or profession.
This definition is useful as it allows discretion to be considered in a legal context rather than only
when police officers operate illegally and decide to commit prohibited acts, which is not considered
to be lawful discretion.

However, Sanders and Young (2007) take a dim view of police management’s ability to control the
discretion of operational police officers. Discretion, they argue, has the potential to:
• Lead officers to fabricate evidence
• Look for guilt rather than truth
• Summarize statements with bias
• Handle exhibits poorly and fail to disclose evidence
The ability to control and provide effective leadership to officers, who possess more discretion and
autonomy than the management, raises serious implications for police managers.

According to Reiner (2010), police require the ability to use discretion due to the inevitable lack
of police resources to enforce all laws all the time. While police services chronically lack the resources
to formally enforce all laws, they must, as a result, allow officers to determine which laws will be
enforced at the operational level (Crawshaw, Devlin and Williamson, 1998; Lipsky, 1980).

iris.org.uk

Police officers who believe they are professional will more likely act in a professional manner and
therefore act with accountability and ethics. In his qualitative study, Rowe (2007) observed that
when discretionary powers are reduced, officers report a feeling of frustration due to the perception
that superiors do not view them as trustworthy enough to make decisions. One could logically infer
from this that when discretion increases so too does the feeling of professionalism. Therefore,
discretion, when professionally instructed, will lead to ethical decision making and ultimately an
ethical police service (Neyroud, 2008). The alternative is having a police service where trust is not
shown to the lower ranks, which results in officers who do not view themselves as professionals and
who likely would not conduct themselves so.

Professionalism in policing is also problematic due to the military hierarchical nature of policing
structures previously outlined. This means that the military organizational model of the police is not
compatible with a profession that uses discretion as much as it is used by the police (Hughes and
Newton, 2010).

DECISION-MAKING PROCESS
Decision making is the process of making choices by identifying a decision, gathering information,
and assessing alternative resolutions. Using a step-by-step decision-making process can help you
make more deliberate, thoughtful decisions by organizing relevant information and defining
alternatives. This approach increases the chances that you will choose the most satisfying alternative
possible.

Step 1: Identify the decision

You realize that you need to make a decision. Try to clearly define the nature of the decision you
must make. This first step is very important.

Step 2: Gather relevant information

Collect some pertinent information before you make your decision: what information is needed, the
best sources of information, and how to get it. This step involves both internal and external “work.”
Some information is internal: you’ll seek it through a process of self-assessment. Other information
is external: you’ll find it online, in books, from other people, and from other sources.

Step 3: Identify the alternatives

As you collect information, you will probably identify several possible paths of action, or alternatives.
You can also use your imagination and additional information to construct new alternatives. In this
step, you will list all possible and desirable alternatives.

Step 4: Weigh the evidence

Draw on your information and emotions to imagine what it would be like if you carried out each of
the alternatives to the end. Evaluate whether the need identified in Step 1 would be met or resolved
through the use of each alternative. Finally, place the alternatives in a priority order, based upon
your own value system.
Step 5: Choose among alternatives

Once you have weighed all the evidence, you are ready to select the alternative that seems to be
best one for you. You may even choose a combination of alternatives. Your choice in Step 5 may
very likely be the same or similar to the alternative you placed at the top of your list at the end of
Step 4.
Step 6: Take action

You’re now ready to take some positive action by beginning to implement the alternative you chose
in Step 5.

Step 7: Review your decision & its consequences

In this final step, consider the results of your decision and evaluate whether or not it has resolved
the need you identified in Step 1. If the decision has not met the identified need, you may want to
repeat certain steps of the process to make a new decision. For example, you might want to gather
more detailed or somewhat different information or explore additional alternatives.

The key difference between problem solving and decision making is that solving
problems is a process, whereas making decisions is an action based on insights derived
during the problem-solving process. Many people use the terms problem solving and
decision making interchangeably, but they are not the same.
Problem solving vs decision making

Problem solving is an analytical process used to identify the possible solutions to the situation
at hand. Making decisions is a part of problem solving. Problem solving is a complex
process, and judgement calls – or decisions – will have to be made on the way.
Decision making is a choice made by using one’s judgement. The art of making sound

decisions is a particularly important skill for leaders and managers. You may need to make
numerous decisions as part of the problem-solving process. And, of course, leaders and

managers will need to use their decision-making skills to determine which solution to pursue.

They will also typically need to confirm and set into motion next steps to fix the problem.

Principles of Decision Making:

Effective decision involves two important aspects—the purpose for which it is intended, and
the environmental situation in which it is taken. Even the best and correct decision may become
ineffective if these aspects are ignored; because in decision-making there are so many inside and
outside chains of unavoidable re

1. Subject-matter of Decision-making:
Decisional matters or problems may be divided into groups consisting of programmed and
non-programmed problems. Programmed problems, being of routine nature, repetitive and
wellfounded, are easily definable and, as such, require simple and easy solution. Decision arrived in
such programmed problems has, thus, a continuing effect.
2. Organizational Structure:
The organizational structure, having an important bearing on decision-making, should be
readily understood. If the organizational structure is rigid and highly centralised, decision-making
authority will remain confined to the top management level. This may result in delayed and confused
decision and create suspicion among the employees.

3. Analysis of the Objectives and Policies:


Proper analysis of the objectives and policies is needed for decision-making. The clear
definition of objectives and policies is the basis that guides the direction of decision-making. Without
this basis, decision-making will be aimless and unproductive.

4. Analytical Study of the Alternatives:


For decision-making, analytical study of all possible alternatives of a problem with their merits
and demerits is essential. This is necessary to make out a correct selection of decision from among
the alternatives.

5. Proper Communication System:


Effective decision-making demands a machinery for proper communication of information to
all responsibility centres in the organization. Unless this structure is built up, ignorance of decision
or ill-informed decision will result in misunderstanding and loose co-ordination.
6. Sufficient Time:
Effective decision-making requires sufficient time. It is a matter of common experience that
it is usually helpful to think over various ideas and possibilities of a problem for the purpose of
identifying and evaluating it properly.

7. Study of the Impact of a Decision:


Decision is intended to be carried out for the realization of the objectives of the organization.
A decision in any particular area may react adversely in other areas of the organization.

8. Participation of the Decision-maker:


The decision-maker should not only be an observer while others will perform as per his
decision.The principle of participation in work of the decision-maker will enable him to understand
whether the decision taken is practical and also guide him in forthcoming decisional matters.

9. Flexibility of Mind:
This is essential in decision-making, because decisions cannot satisfy everybody. Rigid mental
set-up of the decision-maker may upset the decisions. The flexible mental disposition of the decision-
maker enables him to change the decision and win over the co-operation of all the diverse groups.

10. Consideration of the Chain of Actions:


There is a chain relationship in all the activities of any organization. Different activities are
tied up in a chain sequence. Any decision to change a particular work brings change in other related
works also.

Types of Decision-Making Skills


1. Problem-Solving

Having the ability to problem-solve thoughtfully and logically while incorporating different
perspectives is essential. Leaving your emotions at the door also allows you to look at the problem
from every angle. Regardless of your field, you will be faced with many problems. Those of us who
don’t let this fact overwhelm us will thrive in our chosen careers.

2. Collaborative

There are going to be times when you will need the input of others to come to a decision. You will
need to recognize when decisions need collaboration and then foster team meetings to come to the
best decision. Being able to communicate your goals clearly and welcome feedback are central to a
collaborative environment.

3. Emotional Intelligence

Having high emotional intelligence means that you are aware of and in control of your emotions and
that you can express them in a healthy, measured manner. It is important to not let your emotions
take over when coming to an informed decision.

4. Logical Reasoning

Weighing all the advantages and disadvantages of your actions is at the core of every measured
decision. Your emotions will need to take a back seat in order for you to avoid compromising your
rational decision-making.

List of the Advantages of Police Discretion

This topic will tackle how discretion can change one’s life and perspective in the performance
of their duty. The principles of police discretion make this possible while also allowing for a higher
level of force to get applied when necessary to prevent future injuries.

1. Police discretion allows officers to make decisions when a clear solution may not
exist.
The principle allows a law enforcement official to make effective decisions while on the job when
clear solutions may not be available.

2. It permits the use of force when necessary to keep a community safe. Police discretion
allows law enforcement officials to utilize their skills and experience to determine an acceptable
level of force against a suspect.

3. This principle allows an officer to pick and choose their enforcement opportunities.
The advantage of discretion here allows an official to focus their energy on specific situations where
the law gets broken in a reckless manner. Officers can also make contact with individuals that they
believe could be hiding something or have broken serious laws that require an intervention to keep
others safe.

Example: It isn’t practical for a police officer to attempt to pull over every driver who speeds or
violates a traffic law. Even when a contact does occur, it still isn’t necessary to search every vehicle
to see if contraband is present in that situation

4. It allows for resource allocation.


Detectives can use police discretion as a way to allocate resources to specific activities. This principle
help to determine how much time gets spent investigating a specific case.

5. Discretion allows an officer to determine what charges to file against suspects. Police
officers can use discretion to determine what charges get filed against a suspect. That means law
enforcement officials can change the nature of the charges that someone faces by choosing a
lesser or related one then a severe violation.

6. It permits a police officer to use their training for the public good.
Policing is similar to other care-based professions because of the level of care involved in this
process. It also speaks to the trust that the public has in the individual officers determining the best
manner to preserve their interests.

7. Discretion is available for offenders of all ages.


Police officers often act as a gatekeeper to the juvenile justice system in the developed world. The
discretion they use when interacting with young criminal offenders gives them the option to handle
delinquencies and minor offenses in a constructive way.

8. Specific areas of concern can get addressed through administrative rulemaking.


Creating specific procedures for officials to follow provides consistency for officers when they are on
the job. Although this advantage places limits on how individuals can use their experience and
training to benefit others, it also creates more communication lines between them and the public.

LIST OF THE DISADVANTAGE of POLICE DISCRETION

1. Statutory laws don’t cover every potential situation.

Statutory and common laws don’t cover every potential situation that police officers encounter while
on the job. That means there could be times when an offender might not receive a ticket or
detainment because of the circumstances involved in their situation. Even if victims attempt to press
charges during this situation, officials can decide whether or not to pursue pressing forward with
legal intervention.

2. It can be an invitation for cronyism.


If a police officer doesn’t carry out their duties with diligence, then there is an opportunity for some
offenders to avoid prosecution because of cronyism. Although most law-enforcement officials are
highly ethical and excellent with what they do on the job, a handful of bad apples can interfere with
community relations or encourage corruption within the ranks.
Because of the definition of police discretion, these issues can get written off without a beneficial
outcome. Some people can commit blatant crimes without consequence due to this disadvantage.

3. Violating orders can lead to the use of excessive force.

Police officers can use a discretionary amount of force to control a potentially dangerous situation.
If an official goes beyond this level, then it can lead to problems with excessive force being applied
in a specific situation. The barring of excessive force can make some individuals believe that officers
must work with them in ways that are gentle, soft, and smooth. When someone violates an order,
even if it may be perceived as unlawful, then it creates a higher risk of violence toward the official.
That’s why issues of force are often justified, even if it doesn’t seem that way at the time.
There are specific examples of this disadvantage that create harm to the general public when officers
still committed acts of violence against people not breaking the law. That’s when an official will cross
the thin blue line and can face charges themselves.

4. It can lead to soft law enforcement mechanisms.

When police discretion gets abused at local precincts, it can result in softer law enforcement
mechanisms. It may act as a motivation to the general public to be less respectful of the laws and
regulations that govern their community. Officials must act with proper prudence and a high degree
of confidence and self-esteem to ensure that criminal conduct receives the deterrent consequences
needed to keep everyone safe.

5. Some police officers see discretion as being a form of unlimited authority.

Police discretion can sometimes cause law enforcement officers and the general public to believe
that unlimited authority exists in the application of statutory or common law. This disadvantage
occurs when an unscrupulous officer decides to use this principle as a way to promote their
selfinterests. Proper supervision from individuals in the higher ranks can reduce this problem, but
the individualized nature of the job can make it challenging to have eyes on people at all times of
the day.

6. People with wealth tend to receive more of the benefits of discretion.

Accountability requires discretion. No one would argue that point. The issue with this law
enforcement principle is that an individual with wealth tends to receive more flexibility than someone
living in poverty. The personal bias of the officers involved often look at current and past behaviors
as a way to determine whether a significant intervention is necessary. If someone is rich, then the
natural implication is that wealth could be made while violating the law.
7. It is a principle that gives the police officer the benefit of the doubt.
Members of society disproportionally receive the benefit of the doubt when a police officer exercises
their discretion. Outside of the advantage, anyone who has an association with law enforcement
may receive special treatment that wouldn’t be possible without that connection. It is a disadvantage
that is known as the “power model,” leading to inequities in enforcement for different demographics.
This problem can even lead to conduct that violates the constitutional rights of citizens.

8. The use of police discretion can put the public at risk.

Police officers can use discretion as a way to protect the general public. Their decision-making can
also lead to situations where there is a higher risk of harm to a civilian. The choice to engage in a
high-speed chase or not attempts to balance the need to capture a suspect against the potential for
an injury because of pursuit activities. Choosing to engage will place anyone in the way at a greater
risk of harm since the suspect and officers may go through intersections or drive in unauthorized
areas.

The phrase the thin blue line is often associated with the police. It means that police in their blue
uniforms often act as a line between lawfulness and illegal acts. A 'thin blue line' also exists with
police discretion. In this case, police are given discretion, or freedom to decide, on the job to
make decisions, but there is a 'thin blue line' that the police cannot cross or they will be in violation
of the law.
When the police perform their official duties, there is a certain level of discretion they must use.
Many times, a police officer is alone when performing his work, so situations arise where discretion
must come into play. Consequently, the police officer must decide on his own in the particular
moment what to do.
The following are the types of decisions that might require a police officer to use his own discretion;
this is not an exhaustive list, it is just illustrative to give you a sense of when an officer can use his
own discretion.

• whether to draw his weapon


• whether to make an arrest
• whether to issue a traffic ticket or other violation
• whether to shoot a gun
• whether to perform a search
• whether to stop and assist someone

Examples of Police Discretion


Let's look at some examples of when a police officer must use his or her discretion. Imagine that
Officer Bob is on patrol when he notices that an automobile is driving in the rain without its lights
on, which is against the law in the state. Officer Bob pulls the car over and requests the driver's
license and registration. Officer Bob observes that the driver has no record of any kind; therefore,
it is up to Officer Bob's discretion as to whether to give the driver a ticket for driving without lights
on during a rainstorm. Officer Bob decides simply to warn the driver in this instance. He uses his
own discretion to make this decision.
Now let's look at another example. Imagine that Officer Bob is on patrol in an area known for drug
trafficking. Officer Bob receives a dispatch alert that there is a suspect on foot in the area who just
held up a bank. Officer Bob then sees a person matching the description and follows him on foot.
He notices that the person is carrying a gun. Officer Bob sees the person assault a passerby and
must now use his discretion to decide whether he will intervene and possibly draw and use his
weapon, or call for back up assistance. Officer Bob decides to intervene. He draws his weapon and
orders the suspect to freeze. The suspect obeys, and Officer Bob makes an arrest.

Pros and Cons of Police Discretion


There are various reasons why the use of police discretion is a positive aspect of a police officer's
position. The use of discretion allows the police officer the flexibility necessary to perform his job. It
also allows the police officer to quickly interpret the applicable statutory law and then act upon the
determination. In other words, the statute may indicate that a certain act is illegal; the police officer
can then expeditiously make an arrest based upon his interpretation. Furthermore, the use of
discretion helps to foster police and judicial economy. If the police had to consult with other officers
or go to a judge every time they needed to make an on-the-job determination, this would result in
a drain not only on the economy but also on the overall law enforcement and judicial systems.

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