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Author | : Kenneth Culp Davis |
Publisher | : LSU Press |
Total Pages | : 292 |
Release | : 1969-04-01 |
Genre | : History |
ISBN | : 0807156558 |
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Research about justice for individual parties has been primarily concerned with the content of rules and principles and has insufficiently tried to penetrate discretionary justice as meted out by police, prosecutors, and other administrators. In this groundbreaking study Kenneth Culp Davis dispels the prevailing notion that discretionary justice is too elusive for scholarly investigation. Davis advances proposals for badly needed reforms in our system of discretionary justice and lays the groundwork for further empirical and philosophical studies. "Our jurisprudence of statutes and of judge-made law," says Davis, "is overdeveloped; our jurisprudence of administrative justice, of police justice, of prosecutor justice- of discretionary justice is under-developed. We need a new jurisprudence that will encompass all of justice, not just the easy half of it.
Author | : Kenneth Culp Davis |
Publisher | : Urbana : University of Illinois Press |
Total Pages | : 224 |
Release | : 1976 |
Genre | : Law |
ISBN | : |
Download Discretionary Justice in Europe and America Book in PDF, ePub and Kindle
Author | : Kenneth Culp Davis |
Publisher | : Baton Rouge : Louisiana State University Press |
Total Pages | : 233 |
Release | : 1969 |
Genre | : Administrative discretion |
ISBN | : 9780807103043 |
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Author | : Carolyn Strange |
Publisher | : NYU Press |
Total Pages | : 333 |
Release | : 2016-12-20 |
Genre | : Law |
ISBN | : 1479899925 |
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The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
Author | : Howard Abadinsky |
Publisher | : Charles C. Thomas Publisher |
Total Pages | : 206 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
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Author | : Leslie Paik |
Publisher | : Rutgers University Press |
Total Pages | : 239 |
Release | : 2011-05-01 |
Genre | : Social Science |
ISBN | : 0813550971 |
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Juvenile drug courts are on the rise in the United States, as a result of a favorable political climate and justice officials' endorsement of the therapeutic jurisprudence movement--the concept of combining therapeutic care with correctional discipline. The goal is to divert nonviolent youth drug offenders into addiction treatment instead of long-term incarceration. Discretionary Justice overviews the system, taking readers behind the scenes of the juvenile drug court. Based on fifteen months of ethnographic fieldwork and interviews at a California court, Leslie Paik explores the staff's decision-making practices in assessing the youths' cases, concentrating on the way accountability and noncompliance are assessed. Using the concept of "workability," Paik demonstrates how compliance, and what is seen by staff as "noncompliance," are the constructed results of staff decisions, fluctuating budgets, and sometimes questionable drug test results. While these courts largely focus on holding youths responsible for their actions, this book underscores the social factors that shape how staff members view progress in the court. Paik also emphasizes the perspectives of children and parents. Given the growing emphasis on individual responsibility in other settings, such as schools and public welfare agencies, Paik's findings are relevant outside the juvenile justice system.
Author | : Kenneth Culp Davis |
Publisher | : |
Total Pages | : 6 |
Release | : 1969 |
Genre | : Administrative discretion |
ISBN | : |
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Author | : Carolyn Strange |
Publisher | : NYU Press |
Total Pages | : 333 |
Release | : 2016-12-20 |
Genre | : Law |
ISBN | : 1479810908 |
Download Discretionary Justice Book in PDF, ePub and Kindle
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
Author | : Burton Atkins |
Publisher | : Anderson Publishing Company (OH) |
Total Pages | : 432 |
Release | : 1978 |
Genre | : Law |
ISBN | : |
Download The Invisible Justice System Book in PDF, ePub and Kindle
This anthology presents articles on various aspects of discretionary decisionmaking in the administration of justice. Discretionary justice suggests latitude of decisionmaking rather than formality or certainty, and unlike the symbolic idea of due process, it suggests that idiosyncrasy rather than rules may guide decisionmaking within the administration of criminal justice at all levels of the police, court, and penal systems. The relationship between forms of discretion and the criminal justice system is explored. The role of discretion at the arrest, prosecution, and sentencing levels as well as within the framework of correctional institutions is examined. The development of the discretionary ethic is discussed, and the severity and legality of its application in criminal justice procedures are examined. Discretion on the part of the police is covered, with special attention to legal norms and discretion in the police sentencing processes, factors in police discretion and decisionmaking, and administrative problems in controlling the exercise of police authority. An approach to the legal control of police in terms of discretionary powers is presented. The role of prosecutorial discretion is underscored; the application of discretion during charging and plea bargaining processes is examined, and means for controlling prosecutorial discretion are discussed. Judicial discretion during sentencing is also examined, with attention to pretrial decisionmaking, the growth and consequences of sentencing discretion, and contemporary sentencing proposals. Finally, the application of discretionary powers within the prison environment is summarized; decisionmaking within the prison community, the control of discretionary powers of prison organizations, the use of discretion in determining the severity of punishment for incarcerated offenders, and discretion within the parole bureaucracies decisionmaking process are discussed.
Author | : Loraine Gelsthorpe |
Publisher | : Routledge |
Total Pages | : 244 |
Release | : 2012-12-06 |
Genre | : Social Science |
ISBN | : 1134032064 |
Download Exercising Discretion Book in PDF, ePub and Kindle
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.