Chain reactions in criminal justice : discretion and the necessity of interdisciplinary research /
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Author / Creator: | Woude, Maartje Amalia Hermina van der, 1980- author. |
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Imprint: | The Hague, The Netherlands : Eleven International Publishing, [2017] ©2017 |
Description: | 74 pages : illustration ; 22 cm |
Language: | English |
Subject: | |
Format: | Print Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11027111 |
ISBN: | 9789462367142 9462367140 |
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Notes: | "A shorter version of this text was presented as a lecture held on the occasion of accepting the Ada and Paul Cornil Prize at the Vrije Universiteit Brussel on March 12, 2015". Includes bibliographical references (pages 59-70). |
Summary: | "Whereas discretion is considered necessary for the proper and efficient functioning of the criminal justice system, it is more often seen as a problem for legal and public policy due to its potential for injustice or for social advancement. For a concept this central to the criminal justice system, it is interesting to see that research into discretion and discretionary decision-making is somewhat limited, or at least isolated in a disciplinary sense. Legal scholars have mostly been concerned with clarifying the concept itself, and exploring its relationship with rules and the extent to which rules sanction discretionary behavior. The interest of many social scientists, on the other hand, has been in analyzing the law in action so as to further the understanding of how the words of the law may -- or may not -- be translated into legal action. By defining discretion as decision-making they accentuate different aspects of discretion, making it difficult to combine both strands of literature . This publication, however, provides the reader to gain a full oversight and deeper understanding of the effects that discretion has on the various levels -- and the interplay between these levels -- of the criminal justice chain."--Page 4 of cover. |
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