Discretion in Criminal Justice

Discretion in Criminal Justice

Author: Lloyd E. Ohlin

Publisher: State University of New York Press

Published: 1993-08-10

Total Pages: 390

ISBN-13: 143841496X

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Book Synopsis Discretion in Criminal Justice by : Lloyd E. Ohlin

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:


Discretion and the Criminal Justice Process

Discretion and the Criminal Justice Process

Author: Theodore Kenneth Moran

Publisher:

Published: 1983

Total Pages: 154

ISBN-13:

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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.


Book Synopsis Discretion and the Criminal Justice Process by : Theodore Kenneth Moran

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.


The Invisible Justice System

The Invisible Justice System

Author: Burton Atkins

Publisher:

Published: 1982

Total Pages: 254

ISBN-13:

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Book Synopsis The Invisible Justice System by : Burton Atkins

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:


Exercising Discretion

Exercising Discretion

Author: Loraine Gelsthorpe

Publisher: Routledge

Published: 2012-12-06

Total Pages: 244

ISBN-13: 1134032064

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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.


Book Synopsis Exercising Discretion by : Loraine Gelsthorpe

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.


Taming the System

Taming the System

Author: Samuel Walker

Publisher: Oxford University Press, USA

Published: 1993

Total Pages: 202

ISBN-13: 0195078209

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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.


Book Synopsis Taming the System by : Samuel Walker

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.


Decision Making in Criminal Justice

Decision Making in Criminal Justice

Author: Michael R. Gottfredson

Publisher: Springer Science & Business Media

Published: 2013-11-11

Total Pages: 318

ISBN-13: 1475799543

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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.


Book Synopsis Decision Making in Criminal Justice by : Michael R. Gottfredson

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.


Discretionary Justice

Discretionary Justice

Author: Howard Abadinsky

Publisher: Charles C. Thomas Publisher

Published: 1984

Total Pages: 206

ISBN-13:

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Download or read book Discretionary Justice written by Howard Abadinsky and published by Charles C. Thomas Publisher. This book was released on 1984 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Three Papers on the Effects of Criminal Procedure on the Exercise of Discretion in the Criminal Justice System

Three Papers on the Effects of Criminal Procedure on the Exercise of Discretion in the Criminal Justice System

Author: Ben Grunwald

Publisher:

Published: 2015

Total Pages: 492

ISBN-13:

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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.


Book Synopsis Three Papers on the Effects of Criminal Procedure on the Exercise of Discretion in the Criminal Justice System by : Ben Grunwald

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.


The Role of Discretion in the Criminal Justice System

The Role of Discretion in the Criminal Justice System

Author: Daniel P. Kessler

Publisher:

Published: 1997

Total Pages: 60

ISBN-13:

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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.'


Book Synopsis The Role of Discretion in the Criminal Justice System by : Daniel P. Kessler

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.'


SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the American Criminal Justice System

Author: Alison Burke

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9781636350684

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Book Synopsis SOU-CCJ230 Introduction to the American Criminal Justice System by : Alison Burke

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: