Patterns in police decision-making with youth: an application of Black’s theory of law

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.