NCJ Number
7433
Journal
Southern California Law Review Volume: 46 Issue: 1 Dated: (DECEMBER 1972) Pages: 12-50
Date Published
1972
Length
39 pages
Annotation
NECESSITY FOR AND CONSEQUENCES OF THE PRACTICE OF NONFORMALIZED DECISIONMAKING BY POLICE, COURTS, PROSECUTORS AND PAROLE AGENCIES.
Abstract
MANY DECISIONS IN THE CRIMINAL JUSTICE SYSTEM ARE DISCRETIONARY IN THE SENSE THAT THE OFFICIAL HAS THE UNFETTERED CHOICE WHETHER TO ACT, AND OFTEN HOW TO ACT, IN A GIVEN CASE. THIS FREE CHOICE MAY ARISE FROM THE EXPLICIT DELEGATION OF LEGAL AUTHORITY TO THE OFFICIAL, THE ABSENCE OF A RULE PROHIBITING HIS ACTING, OR THE ASSERTION OF OFFICIAL POWER TO ACT DESPITE A GOVERNING RULE. THE PREVALENCE OF DISCRETION IS CLOSELY RELATED TO THE OVEREXTENSION OF THE CRIMINAL SANCTION, IN TERMS OF THE KINDS OF CASES HANDLED AND THE SEVERITY WITH WHICH CONDEMNED INDIVIDUALS ARE TREATED. DISCRETION TENDS TO BE FOUND AT POINTS OF OVERAMBITION, WHERE THE DISPARITY BETWEEN PUBLIC EXPECTATIONS AND OFFICIAL CAPACITY IS MOST NOTABLE. AUTHOR ABSTRACT