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Public Policy and Police Discretion - Processes of Decriminalization

NCJ Number
94836
Author(s)
D E Aaronson; C T Dienes; M C Musheno
Date Published
1984
Length
512 pages
Annotation
This study of decriminalization policy, with particular attention to the handling of public drunkenness, focuses on lawmaking, police discretion in implementing laws, and the channeling of police discretion.
Abstract
Part I presents a process-oriented perspective of public policy in which formal rules emerge, are implemented by various bureaucratic personnel (notably the police), and eventually impact society. Discretion is the key element that determines how the law affects society. Part II addresses the initial stage of the policy process, i.e., lawmaking. It examines the case for the decriminalization of various victimless crimes, explores the processes and politics of legal change, and identifies the link between formal decriminalization and its implementation. Goal formation in the decriminalization of public drunkenness is considered. Part III, which deals with the enforcement stage of the policymaking process, presents three case studies of police discretionary management of decriminalized public drunkenness in Washington, D.C.; St. Louis, Mo.; and Minneapolis, Minn. The focus is on the effect of bureaucratic discretion on the law's implementation. Part IV suggests how policymakers should manage police discretion to ensure the realization of particular public policy goals. Tools for managing police discretion include rules, incentives, and sanctions. Chapter notes, tabular data, and subject index.

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