In Defense of Discretion: A Law Enforcement Perspective on Courtesy

The December 2024 report by the NJ Office of the State Comptroller criticizes the discretionary practices of New Jersey State Troopers—particularly the use of courtesy cards and perceived preferential treatment—but this interpretation overlooks the essential role of discretion in policing. Discretion is a foundational component of law enforcement, recognized by the courts, and necessary for fair and context-based decision-making. The distinction between on-duty and off-duty officers does little to alter the legitimacy of discretion, as both operate under professional standards guided by constitutional limits. Issuing verbal warnings, including to individuals with law enforcement ties, is not inherently corrupt but reflects a culture of mutual professional respect, similar to courtesies extended in many other industries such as healthcare, aviation, and retail. While transparency and accountability are vital, equating discretion with favoritism or abuse creates a double standard that ignores the human judgment required to maintain community trust, efficiency, and justice in policing.