The Uses of Discretion

The Uses of Discretion PDF Author: Keith Hawkins
Publisher: Oxford University Press on Demand
ISBN: 9780198259503
Category : Law
Languages : en
Pages : 431

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Book Description
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.

The Uses of Discretion

The Uses of Discretion PDF Author: Keith Hawkins
Publisher: Oxford University Press on Demand
ISBN: 9780198259503
Category : Law
Languages : en
Pages : 431

Get Book Here

Book Description
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.

Exercising Discretion

Exercising Discretion PDF Author: Loraine Gelsthorpe
Publisher: Routledge
ISBN: 1134032064
Category : Social Science
Languages : en
Pages : 244

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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.

The Conditions of Discretion

The Conditions of Discretion PDF Author: Joel Handler
Publisher: Russell Sage Foundation
ISBN: 9781610442671
Category : Political Science
Languages : en
Pages : 364

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Book Description
This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School

Predict and Surveil

Predict and Surveil PDF Author: Sarah Brayne
Publisher: Oxford University Press, USA
ISBN: 0190684097
Category : SOCIAL SCIENCE
Languages : en
Pages : 225

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Book Description
Predict and Surveil offers an unprecedented, inside look at how police use big data and new surveillance technologies. Sarah Brayne conducted years of fieldwork with the LAPD--one of the largest and most technically advanced law enforcement agencies in the world-to reveal the unmet promises and very real perils of police use of data--driven surveillance and analytics.

A Dictionary of Law Enforcement

A Dictionary of Law Enforcement PDF Author: Graham Gooch
Publisher: OUP Oxford
ISBN: 9780192807021
Category : Law
Languages : en
Pages : 432

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Book Description
The only dictionary available focusing on UK law enforcement, this invaluable volume covers every aspect of criminal law including pathology, forensic medicine, commerce and trade, criminology, and psychology. Essential reference for trainee and practising police officers, and other professionals needing clear definitions of law enforcement terms.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Discretion in Criminal Justice

Discretion in Criminal Justice PDF 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


Targeting Discretion Model

Targeting Discretion Model PDF Author: Casey LaFrance
Publisher:
ISBN: 9781940771090
Category : Political Science
Languages : en
Pages : 200

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Book Description
The topic of police discretion has long intrigued members of the academic community and law-enforcement practitioners. This scholarly yet practical study is an attempt to create conversations between these two groups. It presents a model designed to link theory and practice in order to advance collective understanding of the factors that contribute to discretionary decision making.

Law as Last Resort

Law as Last Resort PDF Author: Keith Hawkins
Publisher: Oxford University Press, USA
ISBN: 9780199243891
Category : Electronic books
Languages : en
Pages : 512

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Book Description
This book analyses the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution."--BOOK JACKET

Handled with Discretion

Handled with Discretion PDF Author: John Kleinig
Publisher: Rowman & Littlefield
ISBN: 9780847681778
Category : Business & Economics
Languages : en
Pages : 246

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Book Description
This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.