NCJ Number
60147
Date Published
1979
Length
21 pages
Annotation
THE EXISTENCE AND INTERACTION OF DISCRETIONARY 'DECISION NODES' IN THE CRIMINAL JUSTICE SYSTEM ARE EXAMINED FROM THE PERSPECTIVE OF SOCIAL PSYCHOLOGICAL THEORY.
Abstract
THE CRIMINAL JUSTICE SYSTEM IS COMPOSED OF A NUMBER OF INTERACTING SUBSYSTEMS, EACH ENTRUSTED WITH DISCRETIONARY DECISIONS IMPACTING THOSE PERSONS PROCESSED THROUGH THE SYSTEM. THE DISCRETIONARY DECISIONS MADE IN ANY ONE SUBSYSTEM (THE POLICE, PROSECUTOR, OR GRAND JURY) AFFECT THE PARAMETERS OF SUBSEQUENT DISCRETIONARY DECISIONS IN THE PROCESS OF HANDLING SUSPECTS. OPEN SYSTEMS THEORY (THE EXAMINATION OF RELATIONSHIPS, STRUCTURE, AND INTERDEPENDENCE AMONG COMPONENTS OF A SYSTEM), AS DEVELOPED IN SOCIAL PSYCHOLOGY STUDIES, APPLIES TO AN EXAMINATION OF THE NATURE AND EFFECTS OF INTERCONNECTED DISCRETIONARY DECISIONMAKING IN THE CRIMINAL JUSTICE SYSTEM. FROM A SOCIAL SYSTEMS VIEWPOINT, THE CONTENT OF A DISCRETIONARY DECISION IS DETERMINED BY THE KIND AND DEGREE OF CONDITIONS OR CHANGES ELSEWHERE IN THE SYSTEM. IF, IN THE EARLY STAGES OF CONTACT WITH THE CRIMINAL JUSTICE SYSTEM, IT IS DETERMINED THAT AN ACCUSED SHOULD BE PROCESSED TO THE NEXT SUBSYSTEM, A PRESUMPTION OF GUILT ALSO TENDS TO ACCOMPANY THAT DECISION. THEREFORE, AS THE ACCUSED TRAVELS FURTHER INTO THE SYSTEM, THE PRESUMPTION OF GUILT BECOMES MORE AND MORE AN ASPECT OF THE DISCRETIONARY DECISIONS MADE. AS A MEDIATING VARIABLE, DISCRETIONARY DECISIONMAKING HAS THE POTENTIAL EITHER TO OPEN UP THE SYSTEM TO ADAPTIVE CHANGE OR ROUTINIZE THE SYSTEM SO THAT CHANGES IN ONE SUBSYSTEM ARE COUNTERACTED AND DISSIPATED IN ANOTHER SUBSYSTEM. EFFORTS TO MANIPULATE DISCRETIONARY DECISIONMAKING AS AN INDEPENDENT VARIABLE AFFECTING CERTAIN SYSTEM OUTCOMES IS AN IMPORTANT ASPECT OF CONTROLLING THE CRIMINAL JUSTICE SYSTEM. RESEARCH SHOULD BE DONE ON THE IMPACT OF THE AVAILABILITY OR NONAVAILABILITY OF DISCRETION ON THE BEHAVIOR OF THE LEGAL SYSTEM AND ITS IMPACT ON SOCIETY. REFERENCES ARE PROVIDED. (RCB)