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Author: Carl F. Pinkele
Publisher: Iowa State Press
ISBN:
Category : Law
Languages : en
Pages : 156
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Book Description
Author: Carl F. Pinkele
Publisher: Iowa State Press
ISBN:
Category : Law
Languages : en
Pages : 156
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Book Description
Author: Carl F. Pinkele
Publisher:
ISBN:
Category :
Languages : en
Pages : 135
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Book Description
Author: Samuel Walker
Publisher: Oxford University Press
ISBN: 019536015X
Category : History
Languages : en
Pages : 202
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Book Description
It is a truism that the administration of criminal justice consists of a series of discretionary decisions by police, prosecutors, judges, and other officials. Taming the System is a history of the forty-year effort to control the discretion. It examines the discretion problem from the initial "discovery" of the phenomenon by the American Bar Foundation in the 1950s through to the most recent evaluation research on reform measures. Of enormous value to scholars, reformers, and criminal justice professionals, this book approaches the discretion problem through a detailed examination of four decision points: policing, bail setting, plea bargaining, and sentencing. In a field which largely produces short-ranged "evaluation research," this study, in taking a wider approach, distinguishes between the role of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history.
Author: Jacqueline Vaughn
Publisher: Jones & Bartlett Learning
ISBN: 9780763746568
Category : Administrative agencies
Languages : en
Pages : 206
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Book Description
Managerial Discretion In Government Decision Making: Beyond The Street Level Provides A Comprehensive Discussion Of Managerial And Executive Discretion At All Levels Of Government. Beginning With A Discussion Of Moving Beyond Street-Level Discourse, This Book Sets The Stage For Studying Managerial Discretion. It Examines Aspects Of Expertise In Discretionary Decision Making At The Federal Level, Including Several Case Examples To Account For The Wide Usage Of Executive Orders In Managerial Positions, And Examines The Formal Roles Of Managers At State Government Levels, While Highlighting The Variations Among State Managers In Their Usage Of Discretion, With Examples Of State Managers With Too Much Discretion. Next The Book Identifies Key Aspects Of Managerial Discretion In Local Governments, Including Information On The Applicability Of Discretion In School Districts And Its Implications In Decision Making, Discusses The Myriad Ways In Which Managers In Local Jurisdictions Either Individually Or Collectively Make Decisions Within The Parameters Of State Laws, Board Regulations, And/Or Council Ordinances, And Concludes With A Discussion Of How Much Discretion Managers Should Have And Dangers Inherent In Providing Managers With Too Much Discretion, And Reinforces The Discourses On Accountability In Public Organizations.
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Category : Law
Languages : en
Pages : 355
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Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author: Lloyd E. Ohlin
Publisher: State University of New York Press
ISBN: 143841496X
Category : Social Science
Languages : en
Pages : 390
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Book Description
Author: Theodore Kenneth Moran
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 154
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Book Description
The book discusses the exercise of discretion, the influence of the values of law enforcement officials, and the potential for arbitrary behavior in the administration of justice.
Author: Pierluigi Chiassoni
Publisher: Springer Nature
ISBN: 3030581861
Category : Law
Languages : en
Pages : 204
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Book Description
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Author: Burton Atkins
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 254
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Book Description
Author: Michele Caianiello
Publisher:
ISBN: 9781611637731
Category : Judicial discretion
Languages : en
Pages : 0
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Book Description
This volume brings together a broad range of scholars working within a variety of procedural traditions in Europe, North America and China. The first section contains three papers that address the use of discretion during the investigation and prosecution stage of criminal proceedings; the second section deals with negotiated justice and various types of plea agreements in Spain, China and Italy. In the third section, different approaches to the exclusion of evidence are discussed, relating to Switzerland, Germany and a potential EU approach. The fourth section discusses discretion in relation to the death penalty in the US. At the heart of these issues is the problem of reconciling prosecutorial and judicial discretion with the principle of legality. The need to avoid arbitrary decisions is key, but the authors come to differing conclusions as to the impact and value of judicial discretion at different stages of the process and in different jurisdictions. Discretion is the theme of the collection, and the writers of this collection believe it can be characterized in positive terms, as it ensures that justice is tailored to the individual and to the facts of the case, rather than being applied mechanically. However, without a clear legal framework, it risks allowing arbitrary decisions based on bias or other legally irrelevant factors. All of the papers collected in the book teach us something about the way that discretion plays out in different systems and how it is understood and adapted within existing legal norms and cultures.
