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Lloyd E. Ohlin, Frank J. Remington - Discretion in Criminal Justice, Häftad

Häftad, Engelska, 1993

Discretion in Criminal Justice

The Tension Between Individualization and Uniformity

Av Lloyd E. Ohlin, Frank J. Remington

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Beskrivning
An exploration of how discretion shapes every stage of criminal justice, revealing the enduring tension between individualized judgment and system-wide fairness.What really happens when the law is applied—not in statutes or theory, but in the day-to-day decisions that shape liberty, punishment, and public safety?Discretion in Criminal Justice brings together leading scholars from the American Bar Foundation's pioneering Survey of Criminal Justice to examine one of the system's most enduring and difficult questions: when should discretion guide justice, and when must it be constrained in the name of fairness and uniformity?Across policing, prosecution, sentencing, parole, and criminal justice education, these essays illuminate the hidden architecture of decision-making that defines outcomes long before a case ever reaches trial verdict. Drawing on original research, retrospective insight, and decades of scholarly impact, the contributors reveal how discretion operates not as an exception—but as the system's organizing principle.From street-level police judgments to prosecutorial charging decisions, from plea bargaining to sentencing policy, the book traces how discretion can both humanize justice and generate deep inconsistency. It also explores the evolution of criminal justice scholarship and education shaped by the ABF Survey's legacy.Contributors include Herman Goldstein, Walter J. Dickey, Raymond I. Parnas, Wayne R. LaFave, and Donald J. Newman.
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Lloyd E. Ohlin is Touroff-Glueck Professor of Criminal Justice Emeritus at Harvard Law School. Frank J. Remington is Professor of Law at the University of Wisconsin Law School.

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"In the 1950s the American Bar Foundation conducted a pilot survey of the processing of offenders from arrest to prison—to observe what actually happened at each decision point, instead of assuming that doctrinal legal analyses were sufficient. This book consists of original, authoritative, and well written essays by leading scholars in law and criminal justice, who worked on the ABF project. All, including the editors, are among the most eminent figures in criminal law and procedures, criminal justice, and the law and society movement. Each contributor provides a wealth of insights and information regarding the famous pre-ABF crime surveys, the ABF studies themselves, and post-ABF research." — Austin Turk, University of California-Riverside"It is a fascinating retrospective account of the research done decades ago by the American Bar Foundation's Survey of Criminal Justice. Many of the chief participants in that multi-volume Survey write here about the consequences of the earlier research for subsequent scholarship, teaching, and policy. In so doing, they elucidate a crucial problem of the criminal justice system: how to decide when discretion is needed and when it must be constrained if the system is to enhance efficiency and avoid injustice."— Richard D. Schwartz, Syracuse University College of Law

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