Studying Discretion in the Processes that Generate Criminal Justice Sanctions

• NCJ Number: 243014
• Journal: Justice Quarterly Volume: 30 Issue: 2 Dated: April 2013 Pages: 199-222
• Author(s): Shawn D. Bushway; Brian Forst
• Date Published: April 2013
• Length: 24 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This paper presents a typology of discretion that differs from the standard typology of discretion in the legal literature.

Abstract

This paper presents a typology of discretion that differs from the standard typology of discretion in the legal literature: Type A discretion, which is the generally recognized discretion of individual actors to make decisions within a set of laws and rules, and Type B discretion, which is the crafting of laws and setting of rules in the first place. An analysis using aggregate data from 1992 to 2002 points to the prosecution stage as the primary source of Type A discretion that contributed to the massive increase in incarceration during this period. To understand how this could happen, this paper argues that actions need to be linked to outcomes. The authors identified three key outcomes of the sanctioning processcrime control, justice (guilt/innocence), racial disparity (fairness)that deserve more attention from social scientists. Abstract published by arrangement with Taylor and Francis.