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• catalog abstract "This anthology presents articles on various aspects of discretionary decisionmaking in the administration of justice. Discretionary justice suggests latitude of decisionmaking rather than formality or certainty, and unlike the symbolic idea of due process, it suggests that idiosyncrasy rather than rules may guide decisionmaking within the administration of criminal justice at all levels of the police, court, and penal systems. The relationship between forms of discretion and the criminal justice system is explored. The role of discretion at the arrest, prosecution, and sentencing levels as well as within the framework of correctional institutions is examined. The development of the discretionary ethic is discussed, and the severity and legality of its application in criminal justice procedures are examined. Discretion on the part of the police is covered, with special attention to legal norms and discretion in the police sentencing processes, factors in police discretion and decisionmaking, and administrative problems in controlling the exercise of police authority. An approach to the legal control of police in terms of discretionary powers is presented. The role of prosecutorial discretion is underscored; the application of discretion during charging and plea bargaining processes is examined, and means for controlling prosecutorial discretion are discussed. Judicial discretion during sentencing is also examined, with attention to pretrial decisionmaking, the growth and consequences of sentencing discretion, and contemporary sentencing proposals. Finally, the application of discretionary powers within the prison environment is summarized; decisionmaking within the prison community, the control of discretionary powers of prison organizations, the use of discretion in determining the severity of punishment for incarcerated offenders, and discretion within the parole bureaucracies decisionmaking process are discussed.".
• catalog contributor b4960899.
• catalog contributor b4960900.
• catalog contributor b4960901.
• catalog contributor b4960902.
• catalog created "c1978.".
• catalog date "1978".
• catalog date "c1978.".
• catalog dateCopyrighted "c1978.".
• catalog description "24. Contemporary sentencing proposals / Vincent O'Leary, Michael Gottfredson, and Arthur Gelman -- 25. Is the end of judicial sentencing in sight? / Jack Kress, Leslie, Wilkins, and Don Gottfredson -- 26. Sentencing councils : a study of sentencing disparity and its reduction / Shari Diamond and Hans Zeisel -- V. Corrections. 27. Decision-making in a prison community / Steven Gifis -- 28. Controlling discretionary power in prison organization : a review of the Model Act / James Jablonski -- 29. The use of discretion in determining the severity of punishment for incarcerated offenders / Joseph Scott -- 30. The decision to grant or deny parole / Robert Dawson -- 31. Decision-making in a parole bureaucracy / Rodney Kingsnorth -- Table of cases -- Index.".
• catalog description "Acknowledgments -- I. Discretion and the criminal justice system. 1. Introduction : discretionary decision-making in the administration of justice / Burton Atkins and Mar Pogrebin -- 2. Decisions, decisional referents, and administrative justice / Daniel Gifford -- 3. Discretion, severity and legality in criminal justice / Arthur Rosett -- 4. Discretion / American Friend Service Committee -- 5. Discretionary justice in the United States / Albert Reiss, Jr. -- II. Arrest. 6. Legal norms and discretion in the police and sentencing processes / Sanford Kadish -- 7. Police discretion not to invoke the criminal process / Joseph Goldstein -- 8. Some factors in police discretion and decision-making / James Finckenauer -- 9. Police discretion / James Q. Wilson -- 10. Administrative problems controlling the exercise of police authority / Herman Goldstein -- 11. An approach to legal control of the police / Kenneth Culp Davis -- ".
• catalog description "III. Prosecution. 12. Prosecutorial discretion and the initiation of criminal complaints / Southern California Law Review -- 13. The prosecutorial discretion : a comment / John Kaplan -- 14. The decision to prosecute / George Cole -- 15. After the arrest : the charging decision in Prairie City / David Neubauer -- 16. The negotiated plea process / Donald Newman -- 17. Prosecutors and public defenders : cooperative relationships and non-negotiable cases / Juanita Jones -- 18. Plea bargaining, concessions, and the courts : analysis of a quasi-experiment / Thomas Church -- 19. Confining, structuring, and checking prosecuting power / Kenneth Culp Davis -- 20. Internal policy : guiding the exercise of prosecutorial discretion / Norman Abrams -- 21. Santebello v. New York / 404 U.S. 257; 92 S. Ct. 495 (1971) -- IV. Sentencing. 22. Pretrial decision-making : A.K. Bottomley -- 23. Growth and consequences of judicial discretion in sentencing / Robert Vasoli -- ".
• catalog description "This anthology presents articles on various aspects of discretionary decisionmaking in the administration of justice. Discretionary justice suggests latitude of decisionmaking rather than formality or certainty, and unlike the symbolic idea of due process, it suggests that idiosyncrasy rather than rules may guide decisionmaking within the administration of criminal justice at all levels of the police, court, and penal systems. The relationship between forms of discretion and the criminal justice system is explored. The role of discretion at the arrest, prosecution, and sentencing levels as well as within the framework of correctional institutions is examined. The development of the discretionary ethic is discussed, and the severity and legality of its application in criminal justice procedures are examined. Discretion on the part of the police is covered, with special attention to legal norms and discretion in the police sentencing processes, factors in police discretion and decisionmaking, and administrative problems in controlling the exercise of police authority. An approach to the legal control of police in terms of discretionary powers is presented. The role of prosecutorial discretion is underscored; the application of discretion during charging and plea bargaining processes is examined, and means for controlling prosecutorial discretion are discussed. Judicial discretion during sentencing is also examined, with attention to pretrial decisionmaking, the growth and consequences of sentencing discretion, and contemporary sentencing proposals. Finally, the application of discretionary powers within the prison environment is summarized; decisionmaking within the prison community, the control of discretionary powers of prison organizations, the use of discretion in determining the severity of punishment for incarcerated offenders, and discretion within the parole bureaucracies decisionmaking process are discussed.".
• catalog extent "ix, 404 p. ;".
• catalog hasFormat "Invisible justice system.".
• catalog identifier "0870847090".
• catalog isFormatOf "Invisible justice system.".
• catalog isPartOf "Criminal justice studies".
• catalog issued "1978".
• catalog issued "c1978.".
• catalog language "eng".
• catalog publisher "[Cincinnati, Ohio] : Anderson Pub. Co.,".
• catalog relation "Invisible justice system.".
• catalog spatial "United States.".
• catalog subject "Criminal procedure United States.".
• catalog subject "Judicial discretion United States.".
• catalog subject "K288 .A8".
• catalog subject "KF9223".
• catalog tableOfContents "24. Contemporary sentencing proposals / Vincent O'Leary, Michael Gottfredson, and Arthur Gelman -- 25. Is the end of judicial sentencing in sight? / Jack Kress, Leslie, Wilkins, and Don Gottfredson -- 26. Sentencing councils : a study of sentencing disparity and its reduction / Shari Diamond and Hans Zeisel -- V. Corrections. 27. Decision-making in a prison community / Steven Gifis -- 28. Controlling discretionary power in prison organization : a review of the Model Act / James Jablonski -- 29. The use of discretion in determining the severity of punishment for incarcerated offenders / Joseph Scott -- 30. The decision to grant or deny parole / Robert Dawson -- 31. Decision-making in a parole bureaucracy / Rodney Kingsnorth -- Table of cases -- Index.".
• catalog tableOfContents "Acknowledgments -- I. Discretion and the criminal justice system. 1. Introduction : discretionary decision-making in the administration of justice / Burton Atkins and Mar Pogrebin -- 2. Decisions, decisional referents, and administrative justice / Daniel Gifford -- 3. Discretion, severity and legality in criminal justice / Arthur Rosett -- 4. Discretion / American Friend Service Committee -- 5. Discretionary justice in the United States / Albert Reiss, Jr. -- II. Arrest. 6. Legal norms and discretion in the police and sentencing processes / Sanford Kadish -- 7. Police discretion not to invoke the criminal process / Joseph Goldstein -- 8. Some factors in police discretion and decision-making / James Finckenauer -- 9. Police discretion / James Q. Wilson -- 10. Administrative problems controlling the exercise of police authority / Herman Goldstein -- 11. An approach to legal control of the police / Kenneth Culp Davis -- ".
• catalog tableOfContents "III. Prosecution. 12. Prosecutorial discretion and the initiation of criminal complaints / Southern California Law Review -- 13. The prosecutorial discretion : a comment / John Kaplan -- 14. The decision to prosecute / George Cole -- 15. After the arrest : the charging decision in Prairie City / David Neubauer -- 16. The negotiated plea process / Donald Newman -- 17. Prosecutors and public defenders : cooperative relationships and non-negotiable cases / Juanita Jones -- 18. Plea bargaining, concessions, and the courts : analysis of a quasi-experiment / Thomas Church -- 19. Confining, structuring, and checking prosecuting power / Kenneth Culp Davis -- 20. Internal policy : guiding the exercise of prosecutorial discretion / Norman Abrams -- 21. Santebello v. New York / 404 U.S. 257; 92 S. Ct. 495 (1971) -- IV. Sentencing. 22. Pretrial decision-making : A.K. Bottomley -- 23. Growth and consequences of judicial discretion in sentencing / Robert Vasoli -- ".
• catalog title "The invisible justice system : discretion and the law / edited by Burton Atkins, Mark Pogrebin.".
• catalog type "text".