Taming the System: The Control of Discretion in Criminal Justice, 1950-1990Oxford University Press, 1993 M05 20 - 208 páginas 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. |
Contenido
| 3 | |
2 Police Discretion | 21 |
3 The Two Bail Reform Movements | 54 |
4 The PleaBargaining Problem | 81 |
5 Sentencing Reform | 112 |
6 A System Tamed? An Interim Report on the Control of Discretion | 145 |
Notes | 157 |
Index | 185 |
Otras ediciones - Ver todas
Taming the System: The Control of Discretion in Criminal Justice, 1950-1990 Samuel Walker Vista previa limitada - 1993 |
Términos y frases comunes
ABF survey abolition administrative American Bar Foundation bail decisions bail reform movement bail schedules bail setting Bureau of Justice California charge bargaining Chicago control discretion control of discretion control police convicted crime commissions criminal justice system criminal process deadly force decision points defense attorney detained determinate sentencing developed discretion control discretionary decision dismissed domestic violence drug effect effort to control evidence exclusionary rule federal felony Felony Defendants formal goals Gottfredson Government Printing Office guilty plea Ibid impact important imprisonment indeterminate INSLAW involves judges jurisdictions Justice Statistics Kenneth Culp Davis Law Enforcement mandatory sentencing McDonald Miranda offense parole percent plea bargaining plea negotiations police departments police discretion police officers political practices pretrial detention pretrial release preventive detention prison term probation problem procedures prosecution prosecutor punishment pursuits question racial reduced result robbery rulemaking Samuel Walker sentencing law sentencing reform Supreme Court suspect Tonry trial Washington York
Pasajes populares
Página 65 - If the defendant is admitted to bail, the amount thereof shall be such as in the judgment of the commissioner or court or judge or justice will insure the presence of the defendant, having regard to the nature and circumstances of the offense charged, the weight of the evidence against him, the financial ability of the defendant to give bail and the character of the defendant.
Página 169 - REPORT OF THE ATTORNEY GENERAL'S COMMITTEE ON POVERTY AND THE ADMINISTRATION OF FEDERAL CRIMINAL JUSTICE 66 (1963) (hereafter cited as ATTORNEY GENERAL'S COMMITTEE).
Página 65 - ... be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person as required.
Página 65 - ... (b) In determining which conditions of release will reasonably assure appearance, the judicial officer shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court proceedings or of flight to...
Página 29 - ... the crime for which the arrest is made involved conduct including the use or threatened use of deadly force; or (b) there is a substantial risk that the person to be arrested will cause death or serious bodily injury if his apprehension is delayed.
Página 67 - One misdemeanor conviction 0 0 Two misdemeanor convictions or -one felony conviction • 1 -1 Three or more misdemeanor convictions or two or more felony convictions FAMILY TIES 3 3 Lives with family AND has weekly contact with other family members 2 2 Lives with family OR has weekly contact with family 1 1 Lives with nonfamily person EMPLOYMENT 3 3 Present job one year or more 2 2 Present job 4 months OR present and prior job 6 months 1 1 Current job OR receiving...
Página 166 - Davies, A Hard Look at What We Know (and Still Need to Learn) About the "Costs" of the Exclusionary Rule: The NU Study and Other Studies of "Lost
Página 89 - The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations.
Página 168 - Francis A. Allen, The Borderland of Criminal Justice (Chicago: University of Chicago Press, 1964), p.
Página 77 - While the government's general interest in preventing crime is compelling, even this interest is heightened when the government musters convincing proof that the arrestee, already indicted or held to answer for a serious crime, presents a demonstrable danger to the community. Under these narrow circumstances, society's interest in crime prevention is at its greatest.
Referencias a este libro
The Culture of Control: Crime and Social Order in Contemporary Society David Garland Vista previa limitada - 2001 |
The Crimes Women Commit: The Punishments They Receive Rita James Simon,Heather Ahn-Redding Sin vista previa disponible - 2005 |