Patterns in police decision-making with youth: an application of Black’s theory of law |
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Authors: | Jennifer L Schulenberg |
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Institution: | (1) University of Waterloo, Waterloo, ON, Canada |
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Abstract: | Prior research suggests that police officers may use more than one style of law (therapeutic, conciliatory, compensatory,
penal) and that the quantity of law applied may also vary within an encounter in order to maintain order. The implication
is that police decision-making varies, and is, to some extent, case dependent. The research objective is to investigate the
extent to which principles from Black’s (1976) theory of law are applicable to police decision-making with apprehended youth
in Canada. The findings suggest that police decision-making is a dynamic process that is a progression in the application
of formal social control from least to most intrusive of personal liberties both in the quantity and style of law. The analysis
reveals that the factors which affect police discretion can vary, in some circumstances, across physical space (urban, suburban,
and rural communities). In addition, as informal mechanisms of social control weaken, the police use a higher quantity of
law, be it penal, compensatory, conciliatory, or therapeutic. Specifically, the quantity and style of law is affected by the
degree and nature of parental involvement. |
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