Discretion And Lawlessness

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.

Although the exercise of discretion often plays a key part in decisions which are made within the criminal justice system, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book 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.

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.

The exercise of discretion often plays a key part in decisions which are made within the criminal justice system, such as: the victim of an offense choosing not to report the offense; the police deciding to press for prosecution rather than cautioning; a sentencer choosing to impose a custodial sentence rather than a community penalty; and a Discretionary Lifer Panel of the Parole Board choosing to offer early release for imprisoned offenders. However, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book explores 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 indivi