NCJ Number
60144
Editor(s)
L E ABT,
I R STUART
Date Published
1979
Length
379 pages
Annotation
THE ROLE OF HUMAN DISCRETION IN THE ADMINISTRATION OF CRIMINAL JUSTICE IS EXAMINED IN THIS TEXT, WITH EMPHASIS ON THE HUMAN ELEMENTS AND PERSONAL RELATIONSHIPS OF LEGAL PROCESSES.
Abstract
THE STUDIES OF THE LAW AND SOCIAL SCIENCE HAVE A COMMON INTEREST IN AND CONCERN FOR UNDERSTANDING HUMAN BEHAVIOR, WITH AN INTERSECTING POINT IN THE CONCEPT OF DISCRETION. THIS INTEGRATING CONCEPT INVOLVES THE PERCEPTION OF A PERSON'S ACTS AS JUDGMENTS WHICH SETTLE AN ISSUE WITHIN THE CONFINES OF A SET OF RULES. THE INTERFACE BETWEEN PSYCHOLOGY AND DISCRETIONARY LAW INVOLVES THE CONTRIBUTIONS EACH FIELD CAN MAKE TO THE OTHER THROUGH MUTUAL USE OF STATISTICAL SCIENCE, IMPROVED INFORMATION SYSTEMS, AND POLICY CONTROL. A SYSTEMS VIEW OF DISCRETION IN THE LEGAL PROCESS, BASED ON SOCIAL PSYCHOLOGICAL THEORY, PROVIDES A MEANS OF EXAMINING DIFFICULT SOCIAL PROBLEMS. DISCUSSION OF THE PSYCHODYNAMIC MODEL OF LAWYER-JURY RELATIONSHIPS STRESSES THE ROLE OF SUGGESTIBILITY AS A TOOL IN THE ADVANCEMENT OF THE LAWYER'S PRESENTATION OF THE CLIENT. THE JURY IS CONSIDERED TO BE A PSYCHOLOGICAL ENTITY SIMILAR TO THE INDIVIDUAL. DISCRETION IN THE SYSTEM OF CRIMINAL JUSTICE, AS EXAMINED BY SEVERAL SCHOLARS, IS A FUNCTION OF THE SOCIAL VALUES AND PRACTICES OF THE SOCIETY AS AFFECTED BY INDIVIDUAL JUDGMENT. TYPICAL INSTANCES OF THE USE OF DISCRETION INCLUDE THE CITIZEN'S REPORTING OF CRIMES AND THE JUDICIAL INTERPRETATION OF STATUTES. EXAMINED AREAS OF APPLICATION ARE JUVENILE LAW, STATE COURTS, AND FEDERAL COURTS. REFERENCES ARE PROVIDED. (TWK)