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Decisionmaking in Criminal Justice - Toward the Rational Exercise of Discretion

NCJ Number
74192
Author(s)
M R Gottfredson; D M Gottfredson
Date Published
1980
Length
403 pages
Annotation
This book reviews and analyzes decisions made at critical points in the criminal justice process and offers a model, derived from a literature review and analysis, that sets forth prerequisites to rational decisionmaking.
Abstract
It begins with an overview of the decisions in the criminal justice system -- what they are, who makes them, how they are made, and with what consequences. Next, the decision to report a crime to the police is examined on the basis of recent study findings. Another section focuses on police officers' decisions to make arrests in the absence of warrants. Essential issues of pretrial release decisions are also explored, such as balancing the preservation of a defendant's liberty before conviction against the goals of community protection and orderly justice. Other sections investigate the empirical basis for the decision to initiate prosecution; recent trends in sentencing philosophy and their implications for rational decisionmaking; and some common decision problems in community-based and institutional corrections. The goals and objectives of parole decisions are examined in terms of alternatives, the conflicting viewpoints of decisionmakers, and the need for further research. It is concluded that three factors persistently affect decisionmaking throughout the criminal justice system: the seriousness of the offense, the prior criminal conduct of the offender, and the personal relationship between the victim of the crime and the offender. The suggested model for increased rationality in criminal justice decisionmaking emphasizes clear, consistent aims; adequate alternatives, relevant information, and flexible decision structures. Other essential features are controlled discretion, differentiation of policy and case decisions, explicit policy and decision rules, and the development of feedback systems that can provide guidance for decisions and can assist in the evaluation of agency effectiveness. Footnotes are given for each chapter. Tabular data and a bibliography of about 400 citations are included. Subject and author indexes are appended.