Examination of: Discretion in Police Use-of-Force Decision-Making: A Scoping Review

Dr. Frank Kardasz, MPA, Ed.D.

March 13, 2025

A 2024 scoping review by De Buck, Raes, and Verhage in the Journal of Police and Criminal Psychology (2024) 39:454–468 provides an overview of empirical research on factors influencing police discretion in use-of-force decision-making. The study synthesizes findings from 102 articles published between 2006 and 2023, covering various research methodologies.

What is a Scoping Review?

A scoping review differs from a literature review. While both types of reviews assess existing literature, literature reviews are more in-depth and focused on specific research questions, whereas scoping reviews provide a broader overview to identify gaps and suggest future research directions.

The following report highlights the complexity of police discretion and identifies multiple factors at individual, situational, organizational, and community levels that affect use-of-force decisions.

KEY FINDINGS

 

Individual Officer Characteristics:

• Gender and Ethnicity: Research shows mixed results regarding the impact of officer gender and ethnicity on use-of-force decisions. Female officers tend to exhibit less extreme controlling behaviors, while findings on ethnicity are inconsistent. Some studies suggest white officers may use more force than officers of color, but other research indicates no significant relationship between ethnicity and force use.
• Education and Training: Better-educated officers are less likely to use force, and training is crucial for appropriate decision-making under stress. Younger officers are more likely to use force, but controlling for age, experienced officers tend to use more force.
• Emotions and Cognitive Skills: Anger control and cognitive skills are important in reducing the likelihood of shooting. Stress can impair decision-making, leading to potential errors.

Situational Factors:

• Suspect Behavior: Aggressive civilian behavior increases the likelihood of force use. The presence of weapons and proximity to officers are significant predictors of force decisions.
• Location and Context: Public visibility and the number of people present can influence force decisions. More force is often used in crowded areas due to perceived risks and accountability concerns.

Organizational Variables

• Culture and Policies: A supportive organizational culture and clear use-of-force policies can reduce coercive tactics and excessive force. Procedurally fair organizational climates foster trust and adherence to policies. 
• Structure and Accountability: Departmental structures, such as excessive work hours, can lead to fatigue and poor decision-making. Organizational accountability mechanisms are crucial in preventing misconduct.

Community-Level Factors:

• Neighborhood Characteristics: Neighborhood crime rates and socioeconomic status influence police behavior, with more force used in high-crime areas.
• Accountability and Governance: Higher levels of accountability and democratic governance reduce police misconduct by limiting discretion and promoting transparency.

Implications and Future Directions

The scoping review underscores the complexity of police discretion in use-of-force decisions, highlighting the need for further research in this area. Future research might focus on developing improved training, policies and procedures along with exploring organizational and community-level factors. Consistent methodologies are also necessary to operationalize and measure the use of force across studies.

Conclusion

The work by De Buck et. al. emphasizes the multifaceted nature of police discretion and the importance of addressing both individual and systemic factors to improve use-of-force decision-making. By better understanding these factors, law enforcement agencies can potentially develop targeted training and policies to enhance officer judgment and reduce unnecessary force.

Reference

De Buck, A., Raes, J.L. & Verhage, A. Discretion in Police Use of Force Decision-Making: A Scoping Review. J Police Crim Psych 39, 454–468 (2024). https://doi.org/10.1007/s11896-024-09683-w

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