NCJ Number
146268
Date Published
1993
Length
207 pages
Annotation
The administration of criminal justice in the United States consists of a series of discretionary decisions by police, prosecutors, judges, and other officials, and the discretion problem is reviewed historically from 1950 to 1990.
Abstract
The origin, nature, and impact of various efforts to control discretion are examined at four decision points: police discretion, bail setting, plea bargaining, and sentencing. With respect to police discretion, some progress has been made in establishing accountability. The results of bail reform indicate some progress has been made in bail setting discretion, even though formal controls on discretion to date appear to have had only limited success. The control of plea bargaining discretion through formal rules has not been very effective, particularly since procedural reforms do not deal with the substance of negotiated pleas. Further, plea bargaining is an extremely elusive phenomenon that cannot be reduced to a single decision point where it can be isolated and controlled. The sentencing reform movement has produced the most fundamental changes of any area in the criminal justice system. Significant accomplishments include limits on sentencing discretion and reduced sentencing disparities. The author notes that virtually all criminal justice experts recognize the pervasiveness of discretion but that not everyone believes discretion can be controlled. He concludes that discretion control has been a unifying theme in criminal justice history and that some successes have been achieved. Notes