LEGAL NORM AND DISCRETION IN THE POLICE AND SENTENCING PROCESSES (FROM CRIMINAL LAW - ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW, 1972 - SEE NCJ-008880)

• NCJ Number: 10683
• Author(s): S KADISH
• Date Published: 1962
• Length: 28 pages
• Corporate Author: Harvard Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF REPRESENTATIVE OCCASIONS IN WHICH ADMINISTRATION OF THE CRIMINAL LAW INVOLVES EXERCISES OF OFFICIAL DISCRETION WHICH ARE EXTRA-JUDICIAL.

Abstract

THE EXISTENCE OF SUCH DISCRETION IS A THREAT TO BASIC VALUES IMPLICIT IN NOTIONS OF DUE PROCESS OF LAW. ALTHOUGH POLAR ALTERNATIVES TO DISCRETION MAY BE UNDESIRABLE OR ILLUSORY, CRIMINAL LAW ENFORCEMENT CAN BE IMPROVED SUBSTANTIALLY BY THE IMPOSITION OF LEGAL PROCEDURES AND STANDARDS UPON THE EXERCISE OF DISCRETION. (AUTHOR ABSTRACT MODIFIED)