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Some Aspects of Discretion in Criminal Justice Processes Expansionism, Minimalism and the Muddling of Models in Practice and Theory in Britian (From Youth Crime, Social Control and Prevention, P 162-173, 1984, M Brusten et al, ed. - See NCJ-97757)

NCJ Number
97765
Author(s)
F H McClintock
Date Published
1984
Length
12 pages
Annotation
This paper provides an overview of law enforcement, criminal justice administration, and penal processes in Great Britain; it reports on the public's declining confidence in the criminal justice system and characterizes the traditionalist, expansionist, and minimalist approaches to crime control.
Abstract
Traditionalists advocate ways of improving the criminal justice system within a given political economy so as to make it more effective and more just. Additionally, they contend that if more criminals were caught and punished, crime rates would be lower. Advocacy of an expansionist approach is normally associated with proposals for a much stricter system of law enforcement regarding policing, trials, and punishment. Depenalization is part of the modification of the expansionists' early position and has great consequences for police use of discretion. Diversion from criminal justice, an offshoot of the primary aim of expansionists, is really only another form of depenalization; diversionary measures are generally confined to less serious criminal behavior. Decriminalization, both on a limited and on a massive scale, has its supporters; however, the minimalists contend that some minimal criminal justice system is necessary to constrain those whose crimes are regarded as dangerous to the community. Most minimalists support a 'just deserts' model as the only basis for criminal justice intervention. In all likelihood, the expansionist school of thought, which sees deserts and deterrences as the twin objectives of criminal justice, will prevail. One table and eight references are included.