NCJ Number
10748
Date Published
1969
Length
245 pages
Annotation
EXPLORATION OF THE AREAS OF DISCRETIONARY JUSTICE THAT ARE BEYOND THE REACH OF BOTH JUDICIAL REVIEW AND TRIAL-TYPE HEARINGS.
Abstract
THE AUTHOR CONTENDS THAT OUR SYSTEM OF STATUTES AND JUDGE-MADE LAW IS OVERDEVELOPED AND THAT OUR SYSTEM OF ADMINISTRATIVE JUSTICE, POLICE JUSTICE, AND PROSECUTOR JUSTICE IS UNDERDEVELOPED. CONCRETE PROPOSALS FOR REFORMING OUR SYSTEM OF DISCRETIONARY JUSTICE ARE ADVANCED AND THE GROUNDWORK FOR FURTHER EMPIRICAL AND PHILOSOPHICAL STUDIES ARE LAID. IT IS RECOMMENDED THAT UNNECESSARY DISCRETIONARY POWER BE ELIMINATED AND THAT BETTER WAYS TO CONFINE, STRUCTURE, AND CHECK NECESSARY DISCRETIONARY POWER BE FOUND. THE AUTHOR DEVELOPS A THEORY OF DISCRETIONARY ACTION AND APPLIES IT TO CONCRETE SUBJECTS, SUCH AS FEDERAL TRADE COMMISSION MERGER CLEARANCES, SELECTIVE ENFORCEMENT AND POLICY MAKING BY POLICE, EVICTIONS FROM PUBLIC HOUSING, SENTENCING BY JUDGES, PRACTICES OF THE U.S. PAROLE BOARD AND ANTITRUST GUIDELINES. (AUTHOR ABSTRACT MODIFIED)