Exercising Discretion


Book Description

The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.




Decision Making in Criminal Justice


Book Description

The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.




The Decision-making Network


Book Description

The Decision-Making Network presents criminal justice to undergraduate students as a network of interrelated decisions made by diverse actors in multiple agencies. Legislative decisions about what should be the content of the criminal law, police officers'' decisions regarding investigation and arrest, prosecutors'' decisions regarding whether to prosecute and what charges to bring, judges'' decisions, appellate court decisions, juries'' decisions, correctional decisions ... all comprise the complex network of criminal justice. This text examines criminal justice decisions in historical context with attention to the Constitutional values and principles which undergird American criminal justice. Students learn how crises often drive the making of law, the development of policies, and the practice of criminal justice. It examines the tensions between civil liberties and public safety, and it introduces the challenges of terrorism, immigration, drug enforcement, and other emerging issues which confront the criminal justice decision maker. "There are many introduction to criminal justice textbooks; only a few can be considered "classics." This is one of those. When the late Don Newman conceived this text and when Pat Anderson joined him as a co-author, the approach was unique in getting students to consider not "what" criminal justice is but, rather, how decision-making at various points dynamically affects what we think of as the disparate segments of the criminal justice system. With the addition of Ris Slate in the contemporary version, the decision-making approach continues and is updated to today''s contentious times in which legislative decisions made for ideological reasons result in public expectations at odds with pragmatic criminal justice decisions in the field. One of the most difficult tasks in teaching criminal justice is getting students to understand how ideological views of crime affect the practical nature of decision-making on the streets, in the offices, and around the courtrooms. By introducing these ideas at the level of an introductory course, this text makes a professor''s job substantially easier." -- Frank P. Williams III, University of Houston-Downtown "The text presents the criminal justice system in a manner different than other texts--as a complicated network influenced by a variety of actors, many of whom are behind-the-scenes and perhaps motivated by interests other than public safety. This framework for the text is particularly useful, as it helps students to appreciate the complexity of case processing, and more importantly, to understand why things are done as they are done." -- Sharon Chamard, University of Alaska Anchorage "The Decision-Making Network is a refreshing alternative to the traditional introduction to criminal justice textbook. As an assistant professor teaching a minimum of four introductory level criminal justice courses per year I value the approach taken by Anderson and Slate in this new text. This book includes both the historical, procedural and constitutional issues necessary for a criminal justice textbook as well as a focus on the values and context surrounding the application of justice in our crime control system. The critical analysis of how social crisis drives public policy concerning crime control is especially inspiring and is sure to invigorate meaningful classroom discussion and enhance critical thinking skills in our students. This book provides not only an overview of the criminal justice system, as is expected of any introduction to criminal justice textbook, but also invites students to ask "Why does the system work the way it does?" and "Is this the best possible way of providing justice?" These are valuable skills for any student entering "the decision-making network" after graduation." -- Suzanne M. Godboldt, Ph.D., Mercyhurst College The Teacher''s Manual is available electronically on a CD or via email. Please contact Beth Hall at [email protected] to request a copy. PowerPoint slides are available upon adoption. Sample slides from the full, 658-slide presentation are available to view here. Email [email protected] for more information.




The Oxford Handbook of Offender Decision Making


Book Description

Although the issue of offender decision-making pervades almost every discussion of crime and law enforcement, only a few comprehensive texts cover and integrate information about the role of decision-making in crime. The Oxford Handbook of Offender Decision Making provide high-quality reviews of the main paradigms in offender decision-making, such as rational choice theory and dual-process theory. It contains up-to-date reviews of empirical research on decision-making in a wide range of decision types including not only criminal initiation and desistance, but also choice of locations, times, targets, victims, methods as well as large variety crimes including homicide, robbery, domestic violence, burglary, street crime, sexual crimes, and cybercrime. Lastly, it provides in-depth treatments of the major methods used to study offender decision-making, including experiments, observation studies, surveys, offender interviews, and simulations. Comprehensive and authoritative, the Handbook will quickly become the primary source of theoretical, methodological, and empirical knowledge about decision-making as it relates to criminal behavior.







Applying Psychology to Criminal Justice


Book Description

Few things should go together better than psychology and law - and few things are getting together less successfully. Edited by four psychologists and a lawyer, and drawing on contributions from Europe, the USA and Australia, Applying Psychology to Criminal Justice argues that psychology should be applied more widely within the criminal justice system. Contributors develop the case for successfully applying psychology to justice by providing a rich range of applicable examples for development now and in the future. Readers are encouraged to challenge the limited ambition and imagination of psychology and law by examining how insights in areas such as offender cognition and decision-making under pressure might inform future investigation and analysis.




Out-of-Control Criminal Justice


Book Description

This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.




Decisions in the Penal Process


Book Description




The Crisis in America's Criminal Courts


Book Description

This book highlights the variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. Much of the dysfunction originates from crushing dockets and caseloads combined with the lack of time, expertise, and resources for effective decision-making.




United States Attorneys' Manual


Book Description