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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 : 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 : Loraine Gelsthorpe
Publisher : Routledge
ISBN 13 : 1134032064
Total Pages : 244 pages
Book Rating : 4.1/5 (34 download)
Download or read book Exercising Discretion written by Loraine Gelsthorpe and published by Routledge. This book was released on 2012-12-06 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Daniel P. Kessler
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.F/5 ( download)
Download or read book The Role of Discretion in the Criminal Justice System written by Daniel P. Kessler and published by . This book was released on 1997 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.'
Author : Samuel Walker
Publisher : Oxford University Press, USA
ISBN 13 : 0195078209
Total Pages : 202 pages
Book Rating : 4.1/5 (95 download)
Download or read book Taming the System written by Samuel Walker and published by Oxford University Press, USA. This book was released on 1993 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the history of attempts since the 1950s to control the discretionary powers in the US criminal justice system. The author synthesizes the findings of a large body of literature for the benefit of practitioners and interested students of the criminal justice system.
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 : Michael R. Gottfredson
Publisher : Springer Science & Business Media
ISBN 13 : 1475799543
Total Pages : 318 pages
Book Rating : 4.4/5 (757 download)
Download or read book Decision Making in Criminal Justice written by Michael R. Gottfredson and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Alison Burke
Publisher :
ISBN 13 : 9781636350684
Total Pages : pages
Book Rating : 4.3/5 (56 download)
Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ben Grunwald
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.:/5 (951 download)
Download or read book Three Papers on the Effects of Criminal Procedure on the Exercise of Discretion in the Criminal Justice System written by Ben Grunwald and published by . This book was released on 2015 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines how three systems of criminal procedure shape the exercise of discretion in the criminal justice system. Chapter 1 considers the relationship between sentencing guidelines and judicial sentencing decisions. Using simulation modeling, it challenges a widely held belief that robust sentencing guidelines increase uniformity in sentencing at the cost of fairness. Chapter 2 turns to police regulation. Police departments and policymakers have implemented a range of mechanisms to regulate police discretion, but much of the scholarly literature has expressed skepticism about their effectiveness. One regulatory approach has largely escaped scrutiny--prosecutorial screening. This study examines the effect of prosecutorial screening on police charge decisions in one major metropolitan city in the United States. Exploiting the fact that the screening program only applies to suspects over seventeen years of age, it compares suspects arrested just a few weeks before and a few weeks after their seventeenth birthday. The analysis reveals a drop in felony charges against suspects arrested just after the age boundary for crimes subject to prosecutorial screening. The same pattern is not observed for crimes not subject to screening, suggesting that officers file lesser charges against suspects over seventeen years of age in anticipation of the stringent screening process. Chapter 3 explores the role of discovery rights on the plea bargaining process. It begins by extending prior work on civil discovery to develop a theory of criminal discovery. It then conducts the first systematic empirical investigation of the effects of expanding criminal discovery on case outcomes in one state that recently enacted legislation granting defendants wider discovery rights. A series of difference-in-differences models comparing felony and misdemeanor courts provide little evidence that the law promoted judicial efficiency by reducing the trial rate or that it produced more favorable outcomes for defendants by increasing the dismissal rate.
Author : Maartje Amalia Hermina van der Woude
Publisher :
ISBN 13 : 9789462746251
Total Pages : 74 pages
Book Rating : 4.7/5 (462 download)
Download or read book Chain Reactions in Criminal Justice written by Maartje Amalia Hermina van der Woude and published by . This book was released on 2017 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
Author : Loraine Gelsthorpe
Publisher :
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.:/5 (125 download)
Download or read book Exercising Discretion written by Loraine Gelsthorpe and published by . This book was released on 2011 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Kleinig
Publisher : Rowman & Littlefield
ISBN 13 : 9780847681778
Total Pages : 246 pages
Book Rating : 4.6/5 (817 download)
Download or read book Handled with Discretion written by John Kleinig and published by Rowman & Littlefield. This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.
Author : Ralph Henham
Publisher :
ISBN 13 : 9780415833950
Total Pages : 0 pages
Book Rating : 4.8/5 (339 download)
Download or read book Sentencing and the Legitimacy of Trial Justice written by Ralph Henham and published by . This book was released on 2013-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of 'mainstreaming' restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering 'justice'. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.
Author : Kenneth Culp Davis
Publisher : Baton Rouge : Louisiana State University Press
ISBN 13 : 9780807103043
Total Pages : 233 pages
Book Rating : 4.1/5 (3 download)
Download or read book Discretionary Justice written by Kenneth Culp Davis and published by Baton Rouge : Louisiana State University Press. This book was released on 1969 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gregory Williams
Publisher : Praeger
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Law and Politics of Police Discretion written by Gregory Williams and published by Praeger. This book was released on 1984-12-07 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the discretional decision-making of U.S. police officers with respect to the decision to arrest. It finds that socioeconomic status, age, sex, and personal appearance are among the factors influencing police arrest decisions, as well as the background, prejudice, experience, and personality of the individual officer. It concludes that strong and coordinated efforts on the part of police, state and local government, and the judiciary, will be needed to implement guidelines to control arrest decisions.
Author : Kai Ambos
Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Author : Shima Baradaran Baughman
Publisher : Cambridge University Press
ISBN 13 : 1107131367
Total Pages : 331 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
