PROBLEMS OF COMPARATIVE RESEARCH ON THE USE OF DISCRETION IN CRIMINAL JUSTICE

• NCJ Number: 59763
• Journal: International Annals of Criminology Volume: 17 Issue: 1 & 2 Dated: (1978) Pages: 13-19
• Author(s): I ANTTILA
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Societe Internationale de Criminologie
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: France

Annotation

THIS FINNISH ARTICLE STATES THAT IN INTERNATIONAL RESEARCH ON THE USE OF DISCRETION RESEARCHERS SHOULD TAKE INTO ACCOUNT THE FUNCTION OF THE ENTIRE SYSTEM IN THE COUNTRY STUDIED.

Abstract

IN PLANNING COMPARATIVE RESEARCH ON THE USE OF DISCRETION, TERMINOLOGY SHOULD BE CLARIFIED, HOW THE LAW IS APPLIED SHOULD BE UNDERSTOOD, THE POSSIBILITY THAT THE LEGISLATION MAY BE LINKED TO OTHER STATUTES SHOULD BE CONSIDERED, AND MECHANISMS WHICH CAN BE REGARDED AS COMPETING SHOULD BE STUDIED. IN COMPARING CRIMINAL JUSTICE LEGISLATION IN DIFFERENT COUNTRIES, OTHER CRIMINAL LAW NORMS MUST BE CONSIDERED ALONG WITH THE SYSTEM OF SANCTIONS. THE DEGREE TO WHICH THE USE OF DISCRETION IS CONNECTED WITH THE EXTENT AND INTENSITY OF CRIMINALIZATION MUST BE EXPLORED. AT TIMES CASES MAY ALSO DROP OUT OF THE SPHERE OF DISCRETION BY BEING SHIFTED OUTSIDE CRIMINAL POLICY OR THE ENTIRE OFFICIAL CONTROL POLICY SYSTEM. WHEN ANALYSING THE SYSTEM, ONE MUST ALSO CONSIDER SELF-REGULATORY MECHANISMS. LASTLY, THE RESEARCHER SHOULD HAVE A WIDE KNOWLEDGE OF THE LEGAL CULTURE OF THE COUNTRIES BEING COMPARED (FOR INSTANCE, IN SOME COUNTRIES, BRIBERY OF OFFICIALS IS ACCEPTED AS PART OF THE CULTURE). TO LESSEN DIFFICULTIES IN MAKING COMPARISONS THE RESEARCHER SHOULD ATTEMPT TO STUDY THE MANIFEST GOALS AIMED AT IN PASSING AND IN APPLYING LEGISLATION AS WELL AS TO UNCOVER THE LATENT GOALS. IN MAKING RECOMMENDATIONS, THE RESEARCHER SHOULD TRY TO DECIDE WHETHER THE WIDE USE OF OFFICIAL DISCRETION IS ADVISABLE, WHETHER IT IS ADVISABLE TO DIFFERENTIATE BETWEEN DISCRETION USED IN A MITIGATING DIRECTION FROM DISCRETION USED IN A SEVERE DIRECTION, WHETHER DIFFERENT OFFICIALS ARE IN DIFFERENT POSITIONS, WHETHER THERE IS A DIFFERENCE IN THE SITUATION BEFORE AND AFTER TRIAL, HOW ONE SHOULD REGARD SYSTEMS CLOSELY ALLIED TO THE CRIMINAL LAW SYSTEM, AND HOW COMPULSORY TREATMENT SHOULD BE USED ON THE BASIS OF AN OFFENSE. NO REFERENCES ARE SUPPLIED. (MJW)