Criminal Justice Organizations: Administration and Management

1. Criminal Justice Organizations: Administration and Management Chapter Twelve – Decision Making

2. Learning Objectives • Be able to define decision making • Understand the basis for decision making rules of criminal justice practitioners • Understand the garbage can theory of decision making • Be able to briefly discuss the four types of criminal justice decision makers • Understand the major themes to improving criminal justice decisions

3. What is a Decision? • A decision is a judgment, a choice between alternatives (Houston, 1999). • Decisions are often made within the context of a theory or broad framework (paradigm). • Three kinds of information • An awareness of the alternatives • An awareness of the possible consequences of each alternative • The subject of the decision

4. What is a Decision? • Decisionrules govern how the elements of the decision are combined. • In criminal justice many decisions are clinical and based on the decision makers education, training, and experience. • All decisions should be based on goals or preferred outcomes. • Feedback provides the opportunity to correct previously made decisions.

5. What is a Decision?

6. Decision Making TheoryRationality to Garbage Cans • Initially, decision making was thought to be a rational process. • Later, March and Simon (1958) proposed that decisions are based on bounded rationality • Decision makers are unable to collect all the information they need to make a completely rational decision. • The result is satisfycing – taking the first acceptable solution that comes along. • “Garbage can” analogy – decision makers keep previously made decisions and use them as needed.

7. Decision Making TheoryOrganizational Culture • Decisions are often influenced by the organizational culture. • “We’ve always done it that way.” • “It worked in the past.” • “If it ain’t broke, don’t fix it.” • Organizations tend to define problems and identify solutions to problems based on deeply rooted values and beliefs.

8. Decision Making TheoryPolitics • Politics is power and power influences decision making. • Internal politics – processes by which interested parties within the organization express their concern and seek implementation and acceptance of their ideas and practices. • External politics – consist of the influence that outside parties exert on the organization’s definition of mission, the appropriate types of operations the organization exhibits, and the directions it takes.

9. Characteristics of Decision Makers • Sequentialists – use their experience to determine what items of information are the most important to the decision. • Ah yes! – collect large amounts of information and search for patterns in that information. • Simplifier – reduces complex problems to their simplest form. • Ratifier – wait for comments by someone else and then associate themselves with that person’s viewpoint.

10. Decision Making Styles • Directive – make decisions and announce them, highly task oriented and a low tolerance for ambiguity. • Analytical – high tolerance for ambiguity and tend to overanalyze situations. • Conceptual – work well with people and rely on discussion with others to consider the problem and possible solutions. • Behavioral – like to interact with others and welcome open discussions.

11. Decision Making Styles • Decision making styles can also range on a continuum from • Autocratic – boss makes and announces the decision, to • Laissez-faire – totally subordinate centered. • Some decision makers are democratic or participative and encourage input from subordinates. • Police chiefs tend to • Be autocratic, • Be directive, and • Rely on traditional beliefs and assumptions

12. Characteristics of Information • Accuracy – most important, but often least attainable because information is; • Complied from numerous sources, • From people with a vested interest in the outcome, and • Often only summarizes information about groups. • Order of presentation – affects sequentialist the most, but overall does affect the outcome of a decision. • Availability of alternatives – often there are only two possible outcomes. Additional alternatives complicate the process.

13. Discretion • “a situation in which an official has latitude to make authoritative choices not necessarily specified within the source of authority which governs his decision making” (Atkins and Pogrebin (1992:1). • Often essential in criminal justice decision making. • Complicated nature of job • Incomplete information • Others argue that discretion is “uncontrolled decision making”. • Recent attempts have been made to objectify decision making through weighted questionnaires.

14. Discretion

15. Prediction • Prediction of the future influences criminal justice decision making. • The decision to arrest or not arrest • Criminal sentencing • Probation conditions • Recent applications of statistical techniques have improved this, but have not removed all unintended outcomes.

16. Prediction

17. Improving Criminal Justice Decisions • Themes for improving decision making • Equity – similar decisions for similar situations • Accuracy – making correct decisions • Consistency with theory – adhering to a consistent paradigm or framework • Consistency with resources – pragmatism • Contribution to future decisions – use prior decisions and their outcomes to influence future decisions

18. Ethical Considerations • Decisions are often made under: • Time constraints, • During conflict, and • With personal bias. • Close and Meier (1995) pose four questions. • Will the decision violate Constitutional rights? • Does the decision treat individuals as mean? • Is the decision illegal? • Does the decision violate policy or a professional code of ethics?

19. Chapter Summary • A decision is based upon goals and is the process of making a choice between alternative paths toward the goal. • Information can exhibit the alternatives available. • The consequences of a decision can be estimated. • Decision rules are clinical in nature. • Decisions are influenced by the decision maker’s education, training, and experience.

20. Chapter Summary • Decision makers keep a repertoire of solutions in a “garbage can” and pull the solutions out as when they encounter a problem. • There are four types of criminal justice decision makers. • Sequentalist – make decisions based on experience • Ah yes – search for patterns in large amount of information • Simplifier – reduces complex problems to simplest form • Ratifier – waits for comments and feedback from others

21. Chapter Summary • The important themes in criminal justice decision making are: • Equity – similar dispositions across similar cases • Accuracy – separating the guilty from the innocent • Consistency – applying the same decision rules over time • Improved decision making should contribute to future decisions.

22. Thinking Point and Question • Your department has just received $2,000,000 from an asset forfeiture fund. This money may be spent in any way the department chooses. • You call a meeting of the command staff to decide how this money should be spent. During the meeting your four supervisors make the following statements. • Classify these decision makers as either sequentialist, ah yes!, simplifier, or ratifier.

23. Thinking Point and Question • “The last time we got one of these checks we used it to upgrade our radios. That was ten years ago. I think it is time we do that again.” • “Let’s ask the city manager, city council, mayor and maybe even have a town hall meeting before we decide.” • “Let’s just put it in the bank and wait for a rainy day.” • “Let’s look over our strategic plans for the past ten years and identify a need that we have not yet addressed.”