NCJ Number
47282
Journal
American University Law Review Volume: 26 Issue: 4 Dated: (SUMMER 1977) Pages: 836-846
Date Published
1977
Length
11 pages
Annotation
PROBLEMS SURRONDING INFORMAL GOVERNMENTAL ACTIONS AND APPROACHES TO IMPROVING ADMINISTRATIVE PROCEDURES ARE DISCUSSED.
Abstract
THE DISCUSSION FOCUSES ON POINTS OF CONTROVERSY BROUGHT OUT IN ANOTHER EXAMINATION OF INFORMAL GOVERNMETAL ACTIONS (SEE NCJ-47281). THE ADVISABILITY OF GENERALIZING ABOUT INFORMAL PROCEDURES, THE OPTIMUM DEGREE OF RULEMAKING, THE EXERCISE OF DISCRETION IN LAW ENFORCEMENT DECISIONS, AND THE MOVEMENT TOWARD DISCRETIONARY JUSTICE ARE ALL AT ISSUE. IT IS CONTENDED THAT LARGE-SCALE STUDIES AIMED AT DEVELOPING A CONCEPTUAL FRAMEWORK FOR UNDERSTANDING INFORMAL DISCRETIONARY ACTION SHOULD BE GRANTED PRIORITY OVER PARTICULARIZED STUDIES OF INDIVIDUAL AGENCIES AND PROGRAMS. IT IS EMPHASIZED THAT RULES AND DISCRETION ARE NOT MUTUALLY EXCLUSIVE. ADMINISTRATORS MUST DECIDE UPON THE APPROPRIATE MIX OF RULE AND DISCRETION. ASSERTIONS THAT CASE LAW REJECTS THE NOTION OF REVIEW OF PROSECUTORS' DECISIONS AND THAT THERE EXIST SIGNIFICANT SAFEGUARDS AGAINST WRONGFUL ARREST ARE REJECTED. IT IS POINTED OUT THAT THE DISCRETIONARY POWER NOT TO ENFORCE IS NECESSARILY THE POWER TO DISCRIMINATE, A POWER THAT IS MUCH ABUSED. COURT OPINIONS BEARING UPON THE ADVANCEMENT OF THE QUALITY OF ADMINISTRATIVE DECISIONMAKING ARE CITED. (LKM)