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Author: Kenneth Culp Davis Publisher: LSU Press ISBN: 0807156558 Category : History Languages : en Pages : 292
Book Description
Research about justice for individual parties has been primarily concerned with the content of rules and principles and has insufficiently tried to penetrate discretionary justice as meted out by police, prosecutors, and other administrators. In this groundbreaking study Kenneth Culp Davis dispels the prevailing notion that discretionary justice is too elusive for scholarly investigation. Davis advances proposals for badly needed reforms in our system of discretionary justice and lays the groundwork for further empirical and philosophical studies. "Our jurisprudence of statutes and of judge-made law," says Davis, "is overdeveloped; our jurisprudence of administrative justice, of police justice, of prosecutor justice- of discretionary justice is under-developed. We need a new jurisprudence that will encompass all of justice, not just the easy half of it.
Author: Kenneth Culp Davis Publisher: LSU Press ISBN: 0807156558 Category : History Languages : en Pages : 292
Book Description
Research about justice for individual parties has been primarily concerned with the content of rules and principles and has insufficiently tried to penetrate discretionary justice as meted out by police, prosecutors, and other administrators. In this groundbreaking study Kenneth Culp Davis dispels the prevailing notion that discretionary justice is too elusive for scholarly investigation. Davis advances proposals for badly needed reforms in our system of discretionary justice and lays the groundwork for further empirical and philosophical studies. "Our jurisprudence of statutes and of judge-made law," says Davis, "is overdeveloped; our jurisprudence of administrative justice, of police justice, of prosecutor justice- of discretionary justice is under-developed. We need a new jurisprudence that will encompass all of justice, not just the easy half of it.
Author: Kenneth Culp Davis Publisher: Baton Rouge : Louisiana State University Press ISBN: 9780807103043 Category : Administrative discretion Languages : en Pages : 233
Author: Leslie Paik Publisher: Rutgers University Press ISBN: 0813550971 Category : Social Science Languages : en Pages : 239
Book Description
Juvenile drug courts are on the rise in the United States, as a result of a favorable political climate and justice officials' endorsement of the therapeutic jurisprudence movement--the concept of combining therapeutic care with correctional discipline. The goal is to divert nonviolent youth drug offenders into addiction treatment instead of long-term incarceration. Discretionary Justice overviews the system, taking readers behind the scenes of the juvenile drug court. Based on fifteen months of ethnographic fieldwork and interviews at a California court, Leslie Paik explores the staff's decision-making practices in assessing the youths' cases, concentrating on the way accountability and noncompliance are assessed. Using the concept of "workability," Paik demonstrates how compliance, and what is seen by staff as "noncompliance," are the constructed results of staff decisions, fluctuating budgets, and sometimes questionable drug test results. While these courts largely focus on holding youths responsible for their actions, this book underscores the social factors that shape how staff members view progress in the court. Paik also emphasizes the perspectives of children and parents. Given the growing emphasis on individual responsibility in other settings, such as schools and public welfare agencies, Paik's findings are relevant outside the juvenile justice system.
Author: Loraine Gelsthorpe Publisher: Routledge ISBN: 1134032064 Category : Social Science Languages : en Pages : 244
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.
Author: Jerry L. Mashaw Publisher: Yale University Press ISBN: 9780300034035 Category : Law Languages : en Pages : 260
Book Description
Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
Author: Peter King Publisher: OUP Oxford ISBN: 0191543756 Category : History Languages : en Pages : 398
Book Description
The criminal law has often been seen as central to the rule of the eighteenth-century landed élite in England. This book presents a detailed analysis of the judicial processs - of victims' reactions, pretrial practices, policing, magistrates hearings, trials, sentencing, pardoning and punishment - using property offenders as its main focus. The period 1740-1820 - the final era before the coming of the new police and the repeal of the capital code - emerges as the great age of discretionary justice, and the book explores the impact of the vast discretionary powers held by many social groups. It reassesses both the relationship between crime rates and the economic deprivation, and the many ways that vulnerability to prosecution varied widely across the lifecycle, in the light of the highly selective nature of pretrial negotiations. More centrally, by asking at every stage - who used the law, for what purposes, in whose interests and with what social effects - it opens up a number of new perspectives on the role of the law in eighteenth-century social relations. The law emerges as less the instrument of particular élite groups and more as an arena of struggle, of negotiation, and of compromise. Its rituals were less controllable and its merciful moments less manageable and less exclusively available to the gentry élite than has been previously suggested. Justice was vulnerable to power, but was also mobilised to constrain it. Despite the key functions that the propertied fulfilled, courtroom crowds, the counter-theatre of the condemned, and the decisions of the victims from a very wide range of backgrounds had a role to play, and the criteria on which decisions were based were shaped as much by the broad and more humane discourse which Fielding called the 'good mind' as by the instrumental needs of the propertied élites.
Author: Sofia Ranchordás Publisher: Routledge ISBN: 1317606124 Category : Law Languages : en Pages : 208
Book Description
This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Author: Kenneth Culp Davis
Author: Kenneth Culp Davis
Author: Kenneth Culp Davis
Author: Leslie Paik
Author: Kenneth Culp Davis
Author: Loraine Gelsthorpe
Author: Jerry L. Mashaw
Author: Howard Abadinsky
Author: Peter King
Author: Kenneth Culp Davis
Author: Sofia Ranchordás