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NCJ Number: 10683 Find in a Library
Title: LEGAL NORM AND DISCRETION IN THE POLICE AND SENTENCING PROCESSES (FROM CRIMINAL LAW - ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW, 1972 - SEE NCJ-008880)
Author(s): S KADISH
Corporate Author: Harvard Law Review Assoc
Harvard Law Review
United States of America
Date Published: 1962
Page Count: 28
Sponsoring Agency: Harvard Law Review Assoc
Cambridge, MA 02138
Publication Number: U
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF REPRESENTATIVE OCCASIONS IN WHICH ADMINISTRATION OF THE CRIMINAL LAW INVOLVES EXERCISES OF OFFICIAL DISCRETION WHICH ARE EXTRA-JUDICIAL.
Abstract: THE EXISTENCE OF SUCH DISCRETION IS A THREAT TO BASIC VALUES IMPLICIT IN NOTIONS OF DUE PROCESS OF LAW. ALTHOUGH POLAR ALTERNATIVES TO DISCRETION MAY BE UNDESIRABLE OR ILLUSORY, CRIMINAL LAW ENFORCEMENT CAN BE IMPROVED SUBSTANTIALLY BY THE IMPOSITION OF LEGAL PROCEDURES AND STANDARDS UPON THE EXERCISE OF DISCRETION. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Judicial discretion; Judicial process; Police discretion; Police legal limitations; Right to Due Process; Sentencing/Sanctions; Standards; Theory
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