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Author : Carl F. Pinkele
Publisher : Iowa State Press
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (38 download)
Download or read book Discretion, Justice, and Democracy written by Carl F. Pinkele and published by Iowa State Press. This book was released on 1985 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carl F. Pinkele
Publisher :
ISBN 13 :
Total Pages : 135 pages
Book Rating : 4.:/5 (692 download)
Download or read book Discretion, Justice and Democracy written by Carl F. Pinkele and published by . This book was released on with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aharon Barak
Publisher : Princeton University Press
ISBN 13 : 1400827043
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author : Kirk A. Randazzo
Publisher : SUNY Press
ISBN 13 : 143845287X
Total Pages : 218 pages
Book Rating : 4.4/5 (384 download)
Download or read book Checking the Courts written by Kirk A. Randazzo and published by SUNY Press. This book was released on 2014-07-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and measures the extent to which statutory language affects judicial behavior. How does the language of legislative statutes affect judicial behavior? Scholars of the judiciary have rarely studied this question despite statutes being, theoretically, the primary opportunity for legislatures to ensure that those individuals who interpret the law will follow their preferences. In Checking the Courts, Kirk A. Randazzo and Richard W. Waterman offer a model that integrates ideological and legal factors through an empirical measure of statutory discretion. The model is tested across multiple judicial institutions, at both the federal and state levels, and reveals that judges are influenced by the levels of discretion afforded in the legislative statutes. In those cases where lawmakers have clear policy preferences, legislation encourages judges to strictly interpret the plain meaning of the law. Conversely, if policy preferences are unclear, legislation leaves open the possibility that judges will make decisions based on their own ideological policy preferences. Checking the Courts thus provides us with a better understanding of the dynamic interplay between law and ideology.
Author : Samuel Walker
Publisher : Oxford University Press
ISBN 13 : 019536015X
Total Pages : 202 pages
Book Rating : 4.1/5 (953 download)
Download or read book Taming the System written by Samuel Walker and published by Oxford University Press. This book was released on 1993-05-20 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Lloyd E. Ohlin
Publisher : State University of New York Press
ISBN 13 : 143841496X
Total Pages : 390 pages
Book Rating : 4.4/5 (384 download)
Download or read book Discretion in Criminal Justice written by Lloyd E. Ohlin and published by State University of New York Press. This book was released on 1993-08-10 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michele Caianiello
Publisher :
ISBN 13 : 9781611637731
Total Pages : 0 pages
Book Rating : 4.6/5 (377 download)
Download or read book Discretionary Criminal Justice in a Comparative Context written by Michele Caianiello and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a broad range of scholars working within a variety of procedural traditions in Europe, North America and China. The first section contains three papers that address the use of discretion during the investigation and prosecution stage of criminal proceedings; the second section deals with negotiated justice and various types of plea agreements in Spain, China and Italy. In the third section, different approaches to the exclusion of evidence are discussed, relating to Switzerland, Germany and a potential EU approach. The fourth section discusses discretion in relation to the death penalty in the US. At the heart of these issues is the problem of reconciling prosecutorial and judicial discretion with the principle of legality. The need to avoid arbitrary decisions is key, but the authors come to differing conclusions as to the impact and value of judicial discretion at different stages of the process and in different jurisdictions. Discretion is the theme of the collection, and the writers of this collection believe it can be characterized in positive terms, as it ensures that justice is tailored to the individual and to the facts of the case, rather than being applied mechanically. However, without a clear legal framework, it risks allowing arbitrary decisions based on bias or other legally irrelevant factors. All of the papers collected in the book teach us something about the way that discretion plays out in different systems and how it is understood and adapted within existing legal norms and cultures.
Author : Theodore Kenneth Moran
Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.F/5 ( download)
Download or read book Discretion and the Criminal Justice Process written by Theodore Kenneth Moran and published by . This book was released on 1983 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Burton Atkins
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Invisible Justice System written by Burton Atkins and published by . This book was released on 1982 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Pierluigi Chiassoni
Publisher : Springer Nature
ISBN 13 : 3030581861
Total Pages : 204 pages
Book Rating : 4.0/5 (35 download)
Download or read book Judges and Adjudication in Constitutional Democracies: A View from Legal Realism written by Pierluigi Chiassoni and published by Springer Nature. This book was released on 2020-12-11 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Author : Darryl K. Brown
Publisher : Oxford University Press
ISBN 13 : 0190457872
Total Pages : 321 pages
Book Rating : 4.1/5 (94 download)
Download or read book Free Market Criminal Justice written by Darryl K. Brown and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice and democracy -- Criminal justice by the invisible hand -- The free market law of plea bargaining -- Private responsibility for criminal justice -- The high cost of efficiency -- Criminal justice and the security state -- Epilogue--the American way of criminal process
Author : Máximo Langer
Publisher : Cambridge University Press
ISBN 13 : 1107187559
Total Pages : 361 pages
Book Rating : 4.1/5 (71 download)
Download or read book Prosecutors and Democracy written by Máximo Langer and published by Cambridge University Press. This book was released on 2017-10-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Eric Smithburn
Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.F/5 ( download)
Download or read book Judicial Discretion written by J. Eric Smithburn and published by . This book was released on 1991 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author : Jerome H. Skolnick
Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.F/5 ( download)
Download or read book Justice Without Trial: Law Enforcement in Democratic Society written by Jerome H. Skolnick and published by . This book was released on 1966 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
