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GENERATION OF DISCRETION BY SPECIFICATION OF THE CRIMINAL LAW

NCJ Number
26993
Journal
INTERNATIONAL JOURNAL OF CRIMINOLOGY AND PENOLOGY Volume: 3 Issue: 2 Dated: (MAY 1975) Pages: 111-121
Author(s)
H E PEPINSKY
Date Published
1975
Length
11 pages
Annotation
THE AUTHOR STATES THAT AREAS OF DISCRETION INCREASE RATHER THAN DECREASE WITH INCREASED SPEFICIATION OF THE TERMS OF THE LAW, AND INCREASED VARIATION IN THE APPLICATION OF THE LAW.
Abstract
THE AUTHOR PERFORMS A COMPLEX ANALYSIS OF THE PROCESS OF INTERPRETING LEGAL SPECIFICATIONS TO DEMONSTRATE THAT EVEN WHERE ADMINISTRATORS OF THE CRIMINAL LAW ADHERE TO THE TERMS OF THE LAW, SPECIFICATION OF THE LAW MERELY PRESENTS THEM WITH OPTIONS AS TO COURSES OF ACTION TO FOLLOW.