Overview
In this assignment, you will explore how laws can limit or rely on discretion, and how aspects of an agency’s culture can influence discretion.
Prompt
In Module Four, you learned about aspects of discretionary laws. In this module, you learned how discretion is influenced by an agency’s culture. You will now apply this knowledge to the topic of domestic violence. This information will help you prepare for submission of Project Three, due in Module Eight.
First, review the Project Three Instructions and Rubric document and familiarize yourself with the elements of the project. Next, review the Project Three Scenario PDF document that ties directly to the project. Then, research the Rhode Island statutes regarding domestic violence. The following resources will assist you as you begin your research:
- Reading: Title 12: Criminal Procedure, Chapter 12-29: Domestic Violence Protection Act
- Reading: Rhode Island Judiciary: Domestic Violence Training and Monitoring Unit (Click on the links on the left side for more information.)
Consider how domestic violence laws affect discretionary decision making in domestic violence situations. Also, consider how, as a law enforcement officer, your agency’s culture may affect the discretionary decision-making process in response to domestic violence situations. Use these rubric criteria as headings to format your writing:
Summary of Statute
- In your own words, summarize the Rhode Island Domestic Violence Protection Act. Be sure to properly cite the source in APA style.
Statute and Discretion
- How may the Rhode Island Domestic Violence Protection Act affect discretionary decision making in domestic violence situations?
- Does it limit discretion, or rely on it?
Agency’s Culture
- Describe aspects of a law enforcement agency’s culture that may influence the discretionary decision-making process in domestic violence situations.
Specifically, the following rubric criteria must be addressed:
- Summarize the Rhode Island Domestic Violence Protection Act.
- Explain how the Rhode Island Domestic Violence Protection Act may affect discretionary decision making in domestic violence situations.
- Describe aspects of a law enforcement agency’s culture that may influence the discretionary decision-making process in domestic violence situations.
Guidelines for Submission
This assignment must be submitted as a 1- to 2-page Microsoft Word document. Any references should be cited in APA style. For more information on APA style, review the Shapiro Library APA Style Guide.
6/8/23, 12:53 AM Project Three Guidelines and Rubric – CJ-230-T5246 Discretion in Criminal Justice 23EW5
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Project Three Guidelines and Rubric
Competency
In this project, you will demonstrate your mastery of the following competency:
Analyze the la�tude of discre�onary decision making provided by laws, ordinances, policies, and procedures
Scenario
You are a domes�c violence advocate working for the Na�onal Coali�on Against Domes�c Violence (NCADV). You are asked to
create a presenta�on for a small, local police department agency that will help them to determine how laws, ordinances, policies,
and procedures may affect the decisions made by their officers when responding to domes�c violence calls. Using the scenario
linked in the Suppor�ng Materials sec�on, create a presenta�on that explains how various aspects of the decision-making process,
such as discre�on and laws, can affect the outcome of each situa�on.
Direc�ons
Using the provided scenario, create an oral or wri�en presenta�on on domes�c violence. All sec�ons should be iden�fied, and all of
the following required elements should be included for both situa�ons:
Situa�on 1:
1. Iden�fy the discre�onary decision.
What must you decide in the situa�on?
What are the possible outcomes of this decision?
2. Explain how laws can limit or rely on discre�on.
How does the Rhode Island statute affect the decision making process for this situa�on? Does it limit discre�on or
rely on it? How?
3. Describe aspects of an agency’s culture that can influence discre�on.
4. Explain how the amount of discre�on can impact a decision.
What amount of discre�on is the officer given in this situa�on?
How does it impact their decision making process?
5. Describe differences between the processes of internal and external decision making.
What decisions are made internally?
What decisions are made externally?
What are the differences?
Situa�on 2:
1. Iden�fy the discre�onary decision.
What must you decide in the situa�on?
What are the possible outcomes of this decision?
2. Explain how laws can limit or rely on discre�on.
How does the Rhode Island statute affect the decision making process for this situa�on? Does it limit discre�on, or
rely on it? How?
3. Describe aspects of an agency’s culture that can influence discre�on.
CJ-230-T5246 Discretion in Criminal Justice 23EW5
6/8/23, 12:53 AM Project Three Guidelines and Rubric – CJ-230-T5246 Discretion in Criminal Justice 23EW5
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4. Explain how the amount of discre�on can impact a decision.
What amount of discre�on is the officer given in this situa�on?
How does it impact their decision making process?
5. Describe differences between the processes of internal and external decision making:
What decisions are made internally?
What decisions are made externally?
What are the differences?
What to Submit
To complete this project, you must submit the following:
For this assignment, you will create a presenta�on. Choose the format that works best for you. This could include one or more of
the following: poster, handout, presenta�on slides, brochure, wri�en descrip�on, or video. Whichever format you choose, your
submission should address the rubric criteria listed above: laws and discre�on, agency’s culture, amount of discre�on, and internal
and external discre�on.
An op�onal template (linked in the Suppor�ng Materials sec�on) has been created to aid you in comple�ng this project.
Suppor�ng Materials
The following resource(s) may help support your work on the project:
Document: Project Three Scenario PDF
Base your work on this scenario.
Document: Project Three Template Word Document (Op�onal)
While this template is not required to complete your project, you may find it helpful.
Project Three Rubric
Criteria Exemplary (100%) Proficient (85%) Needs Improvement
(55%) Not Evident (0%) Value
Ar�cula�on of
Response
Exceeds proficiency
in an excep�onally
clear, insigh�ul,
sophis�cated, or
crea�ve manner
Clearly conveys
meaning with correct
grammar, sentence
structure, and
spelling
Shows progress
toward proficiency,
but with errors in
grammar, sentence
structure, and
spelling
Submission has
cri�cal errors in
grammar, sentence
structure, and
spelling
15
Iden�fica�on of
Decision
Exceeds proficiency
in an excep�onally
clear, insigh�ul,
sophis�cated, or
crea�ve manner
Iden�fies the
discre�onary
decision for each
situa�on
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include iden�fying
the decision and
possible outcomes
for each situa�on
Does not a�empt
criterion
10
Laws and
Discre�on
Exceeds proficiency
in an excep�onally
clear, insigh�ul,
sophis�cated, or
crea�ve manner
Explains how laws
can limit or rely on
discre�on for each
situa�on
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include addi�onal
details or
clarifica�on
explaining how laws
can limit or rely on
Does not a�empt
criterion
20
6/8/23, 12:53 AM Project Three Guidelines and Rubric – CJ-230-T5246 Discretion in Criminal Justice 23EW5
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can limit or rely on
discre�on for each
situa�on or how
statutes impact the
decision making
Agency’s Culture Exceeds proficiency
in an excep�onally
clear, insigh�ul,
sophis�cated, or
crea�ve manner
Describes aspects of
an agency’s culture
that can influence
discre�on for each
situa�on
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include addi�onal
details or
clarifica�on
describing aspects of
an agency’s culture
that can influence
discre�on for each
situa�on
Does not a�empt
criterion
15
Amount of
Discre�on
Exceeds proficiency
in an excep�onally
clear, insigh�ul,
sophis�cated, or
crea�ve manner
Explains how the
amount of discre�on
can impact a
decision for each
situa�on
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include addi�onal
details or
clarifica�on
explaining how the
amount of discre�on
can impact a
decision for each
situa�on
Does not a�empt
criterion
20
Internal and
External
Discre�on
Exceeds proficiency
in an excep�onally
clear, insigh�ul,
sophis�cated, or
crea�ve manner
Describes
differences between
the processes of
internal and external
decision making for
each situa�on
Shows progress
toward proficiency,
but with errors or
omissions; areas for
improvement may
include addi�onal
details or
clarifica�on
describing
differences between
the process of
internal and external
decision making for
each situa�on
Does not a�empt
criterion
15
Cita�ons and
A�ribu�ons
A�ributes sources
where applicable
using cita�on
methods with very
few minor errors
Uses cita�on for
ideas requiring
a�ribu�on
A�ributes sources
where applicable,
but with major errors
Does not a�ribute
sources where
applicable
5
Total: 100%
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Activity Details
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CJ 230 Project Three Scenario You are a domestic violence advocate working for the National Coalition Against Domestic Violence (NCADV). You have been asked to create a presentation for a small, local police department agency that will allow them to determine how laws, ordinances, policies, and procedures may affect the decisions made by their officers when responding to domestic violence calls. You will present the police department with two situations and explain how various aspects of the decision-making process, such as discretion and laws, can affect the outcome of each situation. Situation 1 You are a police officer for a large, diverse city in Rhode Island with a population of nearly 180,000. There are over 400 sworn officers and 70 civilian personnel in your department, along with multiple sergeants and lieutenants and one chief. The police department that you work for practices community policing and places a strong emphasis on community involvement and trust. You are responding to a call from a neighbor regarding a disturbance next door. When you knock on the door where the disturbance is alleged, a woman with a fresh bruise on her left eye opens the door. When you inquire about the injury, the woman reports that her husband was recently fired from his job, and their loud argument over finances “had gotten out of hand.” The woman reports that she and her husband have reconciled, that he is extremely remorseful, and that this type of altercation has never happened in their 10 years of marriage. The woman does not wish to pursue charges against her husband. In your interview with the husband, he is clearly distraught and regretful over the incident. He reports that he was recently fired, has missed several payments on his mortgage, and is coping with the life- threatening illness of one of their children. Situation 2 You are a patrol officer for a small town in Rhode Island that is roughly 48 square miles with a population of just under 2,800. It is a rural, close-knit community consisting of family-owned small businesses. Most community members were born and raised in the town. The town employs five full- time patrol officers (you and four others) who work in 10-hour shifts spanning three watches. There is a full-time sergeant, a lieutenant, and a chief who also work each watch. There are nine civilians who cover all administrative and dispatching functions. At approximately 9:30 p.m., you and your partner are dispatched to a 911 call made by a concerned neighbor who would like to remain anonymous. The caller states that the neighbors have been fighting for hours, and it has now escalated to what sounds like a person screaming for help. Upon arrival, you knock on the door and hear a male voice shouting, “I hate you,” at which time the male opens the door. You observe that some of the living room furniture is turned over and there is broken glass on the floor. After you separate the combatants, the female tells you that her husband was recently laid off from work and has been under a lot of stress. The female looks as if she has been crying, but there are no visible signs of injury. She claims the argument began after he refused to get off the recliner for the third day in a row to go out and look for work. She admits to throwing a glass of water to the floor, and states he tripped over the recliner causing it to fall over. Your partner knows the male from the painting company he has just been laid off from. The male claims that his wife called him a loser for getting laid off, which sparked a larger argument. During the verbal altercation, he claims the woman began throwing dishes and pushed him into the recliner, which
knocked it over, but there are no signs of visible injuries. The male states he does not want to sign complaints against his wife and he really just wants her to take a walk and cool off. Rhode Island Statute In the state of Rhode Island, the General Laws (R.I. Gen. Laws § 12-29-3 (b)) state the following:
When a law enforcement officer responds to a domestic violence situation and has probable cause to believe that a crime has been committed, the officer shall exercise arrest powers pursuant to §§ 12-7-3 and 12-7-4; provided, that the officer shall arrest and take into custody the alleged perpetrator of the crime when the officer has probable cause to believe that any of the following acts has occurred:
(i) A felonious assault; (ii) An assault that has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer; (iii) Physical action that was intended to cause another person reasonably to fear imminent serious bodily injury or death. "Bodily injury" means physical pain, illness, or an impairment of physical condition; or (iv) Violation of a protective order and the violator has previous knowledge of the order and the terms of it; (v) Violation of a no-contact order issued pursuant to § 12-29-4.
Reference
State of Rhode Island General Assembly. (n.d.) Title 12 Criminal Procedure, Chapter 12–29
Domestic Violence Prevention Act, Section 12-29-3. Retrieved from http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-29/12-29-3.HTM