The Role Of Discretion In The Criminal Justice System
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The Role Of Discretion In The Criminal Justice System
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Author : Daniel P. Kessler
language : en
Publisher:
Release Date : 1997
The Role Of Discretion In The Criminal Justice System written by Daniel P. Kessler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Criminal justice, Administration of categories.
Although a substantial body of research suggests that the discretion of discretion of actors in the criminal justice system is important, there is disagreement in the existing empirical literature over its role. Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in sentencing patterns, or it serves as the means by which internal social norms of the criminal justice system prevent the implementation of formal changes in laws. We reject both of these hypotheses using data on the sentencing of California prisoners before and after Proposition 8, which provided for sentence enhancements for those convicted of certain serious' crimes with qualifying' criminal histories. We find that an increase in the statutory sentence for a given crime can increase sentence length for those who are charged with the crime, and also for those who are charged with factually 'similar' crimes, where a 'similar' crime is defined as one that has legal elements in common with the given crime. These spillovers are consistent with neither broad social norms nor internal social norms, so we conclude that discretion takes a less-well studied form, which we call 'prosecutorial maximization.'
Discretion In Criminal Justice
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Author : Lloyd E. Ohlin
language : en
Publisher: State University of New York Press
Release Date : 1993-08-10
Discretion In Criminal Justice written by Lloyd E. Ohlin and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-08-10 with Social Science categories.
The Invisible Justice System
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Author : Burton Atkins
language : en
Publisher:
Release Date : 1982
The Invisible Justice System written by Burton Atkins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Taming The System
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Author : Samuel Walker
language : en
Publisher: Oxford University Press
Release Date : 1993-05-20
Taming The System written by Samuel Walker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-05-20 with History categories.
It is a truism that the administration of criminal justice consists of a series of discretionary decisions by police, prosecutors, judges, and other officials. Taming the System is a history of the forty-year effort to control the discretion. It examines the discretion problem from the initial "discovery" of the phenomenon by the American Bar Foundation in the 1950s through to the most recent evaluation research on reform measures. Of enormous value to scholars, reformers, and criminal justice professionals, this book approaches the discretion problem through a detailed examination of four decision points: policing, bail setting, plea bargaining, and sentencing. In a field which largely produces short-ranged "evaluation research," this study, in taking a wider approach, distinguishes between the role of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history.
Discretion And The Criminal Justice Process
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Author : Theodore Kenneth Moran
language : en
Publisher:
Release Date : 1983
Discretion And The Criminal Justice Process written by Theodore Kenneth Moran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
The book discusses the exercise of discretion, the influence of the values of law enforcement officials, and the potential for arbitrary behavior in the administration of justice.
Decision Making In Criminal Justice
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Author : Michael R. Gottfredson
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
Decision Making In Criminal Justice written by Michael R. Gottfredson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Social Science categories.
The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
Chain Reactions In Criminal Justice
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Author : Maartje Amalia Hermina van der Woude
language : en
Publisher:
Release Date : 2017
Chain Reactions In Criminal Justice written by Maartje Amalia Hermina van der Woude and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
By drawing from her research on ethnic profiling, crimmigration and counterterrorism legislation, Van der Woude illustrates the key role that discretion has in various criminal justice matters, as well as emphasizing the need to view and research discretion as an interdisciplinary concept. Whereas discretion is considered necessary for the proper and efficient functioning of the criminal justice system, it is more often seen as a problem for legal and public policy due to its potential for injustice or for social advancement. For a concept this central to the criminal justice system, it is interesting to see that research into discretion and discretionary decision-making is somewhat limited, or at least isolated in a disciplinary sense. Legal scholars have mostly been concerned with clarifying the concept itself, and exploring its relationship with rules and the extent to which rules sanction discretionary behavior. The interest of many social scientists, on the other hand, has been in analyzing the law in action so as to further the understanding of how the words of the law may - or may not - be translated into legal action. By defining discretion as decision-making they accentuate different aspects of discretion, making it difficult to combine both strands of literature . This publication, however, provides the reader to gain a full oversight and deeper understanding of the effects that discretion has on the various levels - and the interplay between these levels - of the criminal justice chain. This publication will be of interest to academics and students interested in the study of the law in society. This book is an extended version of a lecture that the author gave on the occasion of accepting the Ada and Paul Cornil Prize March 2015. [Subject: Criminal Law]
Exercising Discretion
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Author : Loraine Gelsthorpe
language : en
Publisher:
Release Date : 2011
Exercising Discretion written by Loraine Gelsthorpe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Administrative discretion categories.
Exercising Discretion
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Author : Loraine Gelsthorpe
language : en
Publisher: Routledge
Release Date : 2012-12-06
Exercising Discretion written by Loraine Gelsthorpe and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.
Gender Crime And Judicial Discretion 1780 1830
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Author : Deirdre Palk
language : en
Publisher: Boydell & Brewer
Release Date : 2006
Gender Crime And Judicial Discretion 1780 1830 written by Deirdre Palk and has been published by Boydell & Brewer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
Crimes in England in the 18th and 19th centuries were committed and judged differently, depending on whether the culprit was male or female. This study of the English judicial system in London provides a detailed view of its complex workings, with particular attention to the role and treatment of women.