Factors influencing police

discretion when dealing with

juvenile offenders in Angeles
City.
Vinz Reginald O. Pangilinan
Princess Karen M. Aquino
Kriza Han O. Martinez
Kristal Ann V. Manalili
Eugene L. Torres
PROFILE OF RESPONDENTS
Table1. Frequency Table on the Age of the Respondents

Age of the
Frequency Percent
Respondents
21-25 years old 8 26.67%

26-30 years old 15 50.0%

30-35 years old 4 13.33%

35-40 years old 2 6.67%

40-45 years old 1 3.3%

45- 56 years old 0 0%

Total 30 100.0%
MARITAL STATUS

  Frequency Percent

Single 11 36.67%

Married 19 63.33%

Separated 0 0.0%

Common Law Relationship 0 0.0%

Total 30 100.0%
SECTION II – Using the numbers through 1 to 10, please put in
ranking the ten (10) factors you believe that are most important
in the disposition of juvenile intervention procedures in general.
  Mean Mode
A- Type and nature of the Offense 6.37 10
B- Demeanor of the Offender 7.6 9
C- Age 7.33 10
D- Gender 7.4 8
E- Time of the tour of duty 7.76 7
F- Attitude and approach of the parent 8.26 10
G- Appearance of the Offender 7.6 6
H- Condition during the tour of duty 7.56 10
I- Location where the offense took place 3.0 8
J- Mood of the police officer 7.96 5
K- Victim/s involved 7.73 8
L- Bystanders present 6.76 4
M- Friends associated with the offender 7.9 4
N- Residents in the vicinity 7.93 5
O- Number of offenders 7.36 8
P- Mental state of the offender 8.03 8
Q- Previous records of the offender 7.63 7

R- Offender concealing any weapon/contraband 7.8 9

SECTION III - A Case Narrative 1
If you were the police officer involved in this case which one of the
following dispositions on Andrew would you make? Check only one (1) of the
dispositions.
  Frequency Percentage
1. Warn and release at the scene 1 3.33%
2. Release to parents without writing
2 6.66%
incidents report
3. Write an incident report; release
juvenile on scene with follow-up case 5 16.66%
disposition together with the parents
4. Write and incident report; and release
0 0.0%
to parents at home

5. Take into physical custody and invite

both parties to settle the case regarding 4 13.33%
the incident in the police station

6. Take into physical custody and initiate

judicial proceedings in accordance with 18 60.00%
R.A. 9344
Total 30 100%
SECTION III – C Case Narrative 1
From the above categories list the three (3) most important
factors concerning your dispositions.
  Frequency Percentage
A - Type and nature of the Offense 24 80.00%
B - Demeanor of the Offender 10 33.33%
C – Age 22 73..33%
D – Gender 2 6.66%
E - Time of the tour of duty 0 0.00%
F - Attitude and approach of the parent 9 30.0%
G - Appearance of the Offender 3 10.00%
H - Condition during the tour of duty 0 0.00%
I - Location where the offense took place 4 13.33%
J - Mood of the police officer 0 0.00%
K - Victim/s involved 6 20.0%
L - Bystanders present 3 10.00%
M - Friends associated with the offender 0 0.00%
N - Residents in the vicinity 2 6.66%
O - Number of offenders 6 20.0%
P - Mental state of the offender 3 10.0%
Q - Previous records of the offender 3 10.0%
R - Offender concealing any
0 0.00%
weapon/contraband
SECTION III – B Case Narrative 1
Below is a list of eighteen (18) factors all of which represented
in the case narrative. Rate each category, (High, Medium, Low)
  High Medium Low

A - Type and nature of the Offense 20 7 3

B - Demeanor of the Offender 18 10 2

C – Age 17 10 3

D – Gender 13 13 4

E - Time of the tour of duty 12 13 5

F - Attitude and approach of the parent 18 8 4

G - Appearance of the Offender 15 10 5

H - Condition during the tour of duty 13 13 4

I - Location where the offense took place 17 9 4

J - Mood of the police officer 13 13 4

K - Victim/s involved 18 9 3

L - Bystanders present 16 10 4

M - Friends associated with the offender 13 12 5

N - Residents in the vicinity 12 13 5

O - Number of offenders 17 8 5

P - Mental state of the offender 18 7 5

Q - Previous records of the offender 18 7 5

R - Offender concealing any weapon/contraband 19 6 5

SECTION III – D Case Narrative 1
Describe any other possible factors which was apparent to you
at the scene of the incident but was not included in the above
categories and which would have had an important influence
on you decision if none other exist please indicate by writing
“none” in the space below.
 

  Frequency Percentage

None 30 100.0%

Total 30 100.0%
SECTION III – E Case Narrative 1
Draw a circle around the number which best indicated the
degree of confidence you have in your decision in this
case.
  Frequency Percentage
1 0 0.00%
2 0 0.00%
3 0 0.00%
4 0 0.00%
5 0 0.00%
6 2 6.66%
7 13 43.33%
8 10 33.33%
9 3 10.0%
10 2 6.66%
Total 30 100%
 SECTION III - A Case Narrative 2
If you were the police officer involved in this case which
one of the following dispositions on Bugoy would you
make? Check only one (1) of the dispositions.
   Frequency Percentage
1. Warn and release at the scene 0 0.00%
2. Release to parents without writing incidents
1 3.33%
report
3. Write an incident report; release juvenile on
scene with follow-up case disposition together 10 33.33%
with the parents
4. Write and incident report; and release to
1 3.33%
parents at home
5. Take into physical custody and invite both
parties to settle the case regarding the incident 13 43.33%
in the police station
6. Take into physical custody and initiate
judicial proceedings in accordance with R.A. 5 16.66%
9344
Total 30 100%
SECTION III – B Case Narrative 2
Below is a list of eighteen (18) factors all of which
represented in the case narrative. Rate each category,
(High, Medium, Low)
 
  High Medium Low
A - Type and nature of the Offense 20 6 4
B - Demeanor of the Offender 20 8 2
C – Age 18 7 5
D – Gender 14 11 5
E - Time of the tour of duty 13 13 4
F - Attitude and approach of the parent 18 9 3
G - Appearance of the Offender 18 6 6
H - Condition during the tour of duty 14 13 3

I - Location where the offense took place 17 9 4

J - Mood of the police officer 16 8 6
K - Victim/s involved 18 7 5
L - Bystanders present 14 10 6
M - Friends associated with the offender 15 9 6
N - Residents in the vicinity 14 10 6
O - Number of offenders 18 7 5
P - Mental state of the offender 18 7 5
Q - Previous records of the offender 19 5 6

R - Offender concealing any weapon/contraband 16 10 4

 SECTION III – C Case Narrative 2
From the above categories list the three (3) most
important factors concerning your dispositions.
  Frequency Percentage
A - Type and nature of the Offense 22 73.33%
B - Demeanor of the Offender 7 23.33%
C – Age 21 70.00%
D – Gender 8 26.67%
E - Time of the tour of duty 2 6.67%
F - Attitude and approach of the parent 7 23.33%
G - Appearance of the Offender 2 6.67%
H - Condition during the tour of duty 3 10.00%
I - Location where the offense took place 2 6.67%
J - Mood of the police officer 2 6.67%
K - Victim/s involved 2 6.67%
L - Bystanders present 0 0.00%
M - Friends associated with the offender 2 6.67%
N - Residents in the vicinity 0 0.00%
O -Number of offenders 2 6.67%
P - Mental state of the offender 1 3.33%
Q - Previous records of the offender 2 6.67%
R - Offender concealing any weapon/contraband 4 13.33%
SECTION III – D Case Narrative 2
Describe any other possible factors which was apparent to
you at the scene of the incident but was not included in
the above categories and which would have had an
important influence on you decision if none other exist
please indicate by;

  Frequency Percentage

None 27 90.00%

Refer suspect, minor and

parents to DSWD for 3 10.00%

counselling
Total 30 100.0%
SECTION III – E Case Narrative 2
Draw a circle around the number which best indicated the
degree of confidence you have in your decision in this
case.
  Frequency Percentage
1 0 0.00%
2 0 0.00%
3 0 0.00%
4 0 0.00%
5 0 0.00%
6 0 0.00%
7 12 40.00%
8 8 26.67%
9 4 13.33%
10 6 20.00%
Total 30 100.00%
 Conclusion
and
Recommendation
• As the study comes to the conclusion, the researchers made the
first assumption that the following factors that affect most the
use of discretion of the respondents when dealing with juvenile
offenders are Type and Nature of the offense, Age, Attitude
and Approach of the parent and Condition during the tour of
duty, the basis for the empirical assumption of these factors is
the Modal Value of the given factors as reflected in the second
section of the questionnaire. This empirical assumption also
corroborates the same facts as stated in the study by Burke
(2014) which states that legal factors such as the
determination of the Type and Nature of the offense has
significantly created an unwritten rule in the governance of the
use of discretion among police officers since the nature of
offense is defined by the legislation. Age plays also a factor in
the use of discretion by police officers but as reflected further
in the study, Age didn’t play an influence in the disposition of
the following case narratives nor it had a bearing in the degree
of importance when deciding which disposition is to be taken.
• Capucu (2013) states that Age didn’t constitute a consistent and constant
factor in his study the latter only played an influence when mixed with
other factors specifically of those of which are only situational. Attitude and
approach of the parent and Conditions during the tour of duty played a
bearing in the disposition of cases in the given narratives. In pertaining to
the Attitude and Approach of the parent Maltrofski (2013) states that
disrespectful behaviour not only by the offender but also the parents of the
offender increases the likelihood of custody-like intervention processes as
well as increase the probability of extra-legal factors to be a key player in
the use of discretion. Although findings of some studies suggests that the
attitude of the parents of the offender does not show consistent relation
with the use of discretion, the researchers found out that the current
research displays consistency of findings for the influence of parental
attitude and approach of the parent in the study as reflected in the data for
the two. Martin (2013) corroborates the fact that Conditions during tour of
duty as an influential factor states that the core tasks of police work itself is
difficult, conditions such as fatigue, occupational stress and organizational
pressures drain the cognitive energy by the individual officer and thus
affects the use of discretion in the process. Although Conditions during the
tour of duty is presented as an important factor in the use of discretion,
further data concludes that it didn’t receive any noticeable results in the
further data presented in the study
• As reflected in the results of the study, the variables such as Type and Nature of the
Offense poses a significant relationship with the use of discretion, the consistent data
shows that the respondents use the Type and Nature of the offense as a criterion in
decision making process as reflected in the Section 2 of the questionnaire instrument
and also the most influential factors as reflected in the data shown in the case
narrative given. As stated by Andrews (2014) looking at the Type and Nature of the
offense as a basis in the decision making process, it creates a sense of legitimacy and
at the same time creates a platform for Procedural Justice. Attitude of the offender
had also posed a relationship with the use of discretion among juvenile offenders as
reflected in the Section 3 of both case narratives, but is inconsistent with further
findings in the succeeding sections thus the relationship is not that as significant as
compared with the Type and Nature of the offense. In validating the hypothesis of
significant relationship of Occupational or personal characteristics of the offender,
there is a relationship shown in the Section 2 of the instrument which shows that
Conditions during the tour of duty is important in the use of discretion in juvenile
intervention procedures, however there is no influence of the variable as shown in
the further data of the study therefore there is no establishment of significant
relationship thereat, Homant (2011) pointed that in his study that officer
characteristics have no significant impact in the use of discretion, his study pointed
out that the basis for officers for the use of discretion is the determination of what’s
best for the interest of the offender.
• In summary, in the local setting, the members of the
Women and Children’s Protection Desk of the respective
stations of the Angeles City Police Office are at par with the
same situation faced by other police organizations depicted
in the studies that have been part of the literature review of
the researchers. It is no different that the findings are
somewhat related what is distinct with the local setting
however is the significant impact of legal factors in their
disposition of cases, the researchers could infer that based
on the scenarios given as reflected in the case narrative, the
respondents have high regards with pertinent laws which is
the primary factor that influence the respondents in their
decision making process as compared to the other studies
wherein racial profiling and attributive theories are more
likely to overshadow the perception of legitimacy in the
sound use of discretion (Brunner, 2013).
 
 
• The researchers recommend in the future studies
that a related study be formulated to determine
among which of the following dispositions given in
the study is the most practical as well as to determine
whether there is relationship between factors of
perception and factors of disposition among the
variables are given. Given the fact that the scope of
the study encompasses the field of study of police
discretion in general, the researchers recommend
that a Descriptive Comparative study be conducted in
the future to examine the possible variations on the
use of police discretion in a professional organization
environment and in a fraternal organization
environment.