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National Parole Board Report of the Conference on Discretion in the Correctional System, November 17-19, 1981

NCJ Number
96231
Date Published
1983
Length
234 pages
Annotation
Conference proceedings focus on how discretion in the corrections system operates, the controversy over discretion, problems associated with discretion, measures to curb or improve the use of discretion in corrections, and the effect of such measures.
Abstract
Some conference participants viewed discretionary power positively, claiming that discretion, when properly exercised, brings humaneness and flexibility to Canada's criminal justice system. Other speakers and delegates placed greater emphasis on the inherent potential for the misuse of discretionary power, contending that the discretionary power of correctional authorities should be circumscribed by rules, regulations, and guidelines to promote equity, fairness, and uniformity in the provision of correctional services. Those who emphasized the positive value of discretion feared that efforts to confine, structure, and review discretion would affect only the procedural and not the substantive element of decisionmaking. It was suggested that the appropriate balance could be attained by implementing a combination of the measures discussed, some of which are designed to promote equity and fairness and others to improve the acceptability and quality of decisions. Conferees agreed that if a successful combination of these mechanisms is to be realized, more must be learned about the use of discretion in corrections and about the way in which it can be used to meet the needs of offenders. The second section of the volume contains 23 papers representative of the major themes of the proceedings.