NCJ Number
83457
Editor(s)
B Atkins,
M Pogrebin
Date Published
1982
Length
193 pages
Annotation
Discretion in the criminal justice system is discussed in the areas of arrest, prosecution, courts and judges, and corrections.
Abstract
Essays considering discretion in the area of arrest note the enormous discretionary power of the police in determining the effective substance of criminal law, some factors in police discretion and decisionmaking, and the effect of community values in the exercise of police discretion in the enforcement of laws against 'victimless' crimes. Essays on prosecutorial discretion consider its nature, the problems associated with it, and ways in which it can have important policy and political consequences; parameters on prosecutorial discretion suggested by the decision in Santobello v. New York, as well as Bordenkircher v. Hayes; and confining, structuring, and checking prosecuting power. In considering discretion in the courts and by judges, the presentations examine (1) the trial judge's perspective of judicial discretion; (2) problems associated with judicial sentencing discretion; (3) the progress of reform in the bail process in Philadelphia over 20 years; and (4) the distribution, control, and effect on time served of the determinate sentence. Essays on discretion in corrections consider decisionmaking in a prison community, parole decisionmaking, and the Oregon parole matrix. Notes, references, and appropriate tabular data accompany each essay, and a table of cases and a subject index are provided.