NCJ Number
95134
Date Published
1984
Length
186 pages
Annotation
The text examines the theory and practice of discretion within the criminal justice system.
Abstract
Discretion is defined and problems related to due process and governmental complexity are examined. Police discretion is considered in relation to proactive versus reactive policing, police goals and objectives, and policing styles. The practice of discretion by police executives, patrol and traffic officers, and investigators is examined, as are discretion in special cases such as those involving gambling, intoxicated drivers, juveniles, the mentally ill, and police informants. The criminal justice process, from screening through trial, is reviewed with special attention to discretionary decisions which may be made by criminal lawyers, public defenders, and judges. Plea bargaining is given particular emphasis. Discretion then is discussed with reference to determinate versus indeterminate sentencing practices and probation decisions. Discretion in jails and prisons is considered with respect to the role of the corrections officer, conditions within the institution, parole and parole supervision, revocation hearings, and pardons. Finally, the juvenile justice process is reviewed, and discretion is discussed in the areas of intake, detention hearings, adjudication hearings, and detention hearings, adjudication hearings, and disposition. Review questions follow each chapter. Subject and author indexes and about 160 references are provided.