Discussion Response: Response 1 Nathan: One internal factor that plays a major role in discretionary decisionmaking is departmental policy, which sets guidelines for officers and can either limit or expand their ability to make judgment calls in the field. In Texas, for example, many police departments have mandatory arrest policies when responding to domestic violence incidents. Under the Texas Family Code § 5.04, officers must make an arrest if they have probable cause to believe an assault has occurred, regardless of whether the victim wants to press charges. This policy removes officer discretion in such cases, ensuring that domestic violence incidents are taken seriously, but it can also create challenges when victims feel the system is working against their wishes. An external factor that influences discretion is public perception, which can put pressure on law enforcement agencies to adjust their policies or decision-making in response to public outcry. A clear example of this in Texas was the aftermath of the 2022 Uvalde school shooting. When law enforcement’s delayed response was exposed, there was widespread public anger, leading to new policies on active shooter response times and officer training requirements. The Texas House Investigative Committee even released a report detailing the failures, which pushed departments across the state to reevaluate their procedures. This situation highlights how public scrutiny can directly shape discretionary decision making, sometimes forcing changes that might not have happened otherwise. Both of these factors departmental policies and public perception, play a huge role in shaping the way law enforcement officers make decisions. While policies provide structure and consistency, public opinion can hold law enforcement accountable and push for necessary reforms. References: • • Texas House Investigative Committee. (2022). Interim Report to the 88th Legislature: Investigative Committee on the Robb Elementary Shooting. State of Texas Family Code § 5.04. Response 2: Katie One internal factor that affects discretionary decision-making in the criminal justice system is personal bias. These biases can be influenced by a law enforcement officer’s experiences, beliefs, or attitudes toward specific individuals or groups. For example, an officer might treat individuals from specific backgrounds more harshly due to preconceived notions or stereotypes. For example, the shooting of Michael Brown in Ferguson, Missouri, where the police officer’s discretion in deciding t o use lethal force was highly debated and influenced by systemic racial tensions. This internal factor impacts decisions such as arrests, charging, or sentencing, leading to unequal treatment. I selected this factor because biases, even if unintentional, can significantly alter the fairness and objectivity of decisions in the criminal justice process. An external factor that plays a role in discretion is public opinion and media influence. Public pressure or media portrayals of certain crimes can lead to law enforcement and legal professionals making decisions that align with popular sentiment rather than objective criteria. For instance, the media’s extensive coverage of high-profile cases like the O.J. Simpson trial in the 1990s raised questions about the impact of public opinion on legal decision-making, with many suggesting that media sensationalism influenced how the case was handled. References DOJ report on shooting of Michael Brown. (n.d.b). https://www.justice.gov/sites/default/files/opa/pressreleases/attachments/2015/03/04/doj_report_on_shooting_of_michael_ brown_1.pdf Encyclopedia Britannica, inc. (2025, January 17). O.J. Simpson trial. Encyclopedia Britannica. https://www.britannica.com/event/O-JSimpson-trial Response 3: Tasha An internal factor influencing discretion is an officer’s level of training. Well-trained officers are better equipped to make informed decisions, particularly in high-pressure scenarios. For example, de-escalation training can lead to the avoidance of unnecessary force during arrests. An external factor is public scrutiny, often magnified by media coverage (Gelsthorpe, & Padfield, Eds.). (2003). For instance, the use of body cameras has increased transparency but can also pressure officers to act in ways that prioritize public perception over situational judgment. Both factors illustrate the complexities of discretionary decision-making and underscore the importance of accountability and professionalism in criminal justice roles. Reference Gelsthorpe, L., & Padfield, N. (Eds.). (2003). Exercising discretion: Decisionmaking in the criminal justice system and beyond. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=2024 89 
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