Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is an important form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from both sides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.
Discretion has re-emerged as an issue of central importance for welfare professionals over the last two decades in the face of an intensification of management culture across the public sector. This book presents an innovative framework for the analysis of discretion, offering three accounts of the managerial role - the domination model, the street level model and the author's alternative discursive perspective. These different regimes of discretion are examined through a case study within a social services department, comparing and contrasting social work discretion in an Older Persons Team and a Mental Health Team. This innovative, theoretical and empirical analysis will be of great interest to postgraduate students and researchers in social work and related disciplines including social policy, public administration and organizational studies, as well as professionals in social work, health and education.
This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.
A retrospective account of the research done in the 1950s by the American Bar Foundation which conducted a pilot survey of the processing of offenders from arrest to prison--to observe what actually happened at each decision point, instead of assuming that doctrinal legal analyses were sufficient. Many of the chief participants in the Survey of Criminal Justice write here about the consequences of the earlier research for subsequent scholarship, teaching, and policy, and reflect on the problem of discretion in criminal justice.
When the objectives of public policy programmes have been formulated and decided upon, implementation seems just a matter of following instructions. However, it is underway to the realization of those objectives that public policies get their final substance and form. Crucial is what happens in and around the encounter between public officials and individual citizens at the street level of government bureaucracy. This Research Handbook addresses the state of the art while providing a systematic exploration of the theoretical and methodological issues apparent in the study of street-level bureaucracy and how to deal with them.
The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.
The first five editions of this well established book were written by Colin Turpin. This new edition has been prepared jointly by Colin Turpin and Adam Tomkins. This edition sees a major restructuring of the material, as well as a complete updating. New developments such as the Constitutional Reform Act 2005 and recent case law concerning the sovereignty of Parliament, the Human Rights Act, counter-terrorism and protests against the Iraq War, among other matters, are extracted and analysed. While it includes extensive material and commentary on contemporary constitutional reform, Turpin and Tomkins is a book that covers the historical traditions and the continuity of the British constitution as well as the current tide of change. All the chapters contain detailed suggestions for further reading. Designed principally for law students the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law. As such it is essential reading also for politics and government students. Much of the material has been reworked and with its fresh design the book provides a detailed yet accessible account of the British constitution at a fascinating moment in its ongoing development.
Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law. Law students, legal academics and applied information technology specialists are guided thorough all phases of the knowledge discovery from databases process with clear explanations of numerous data mining algorithms including rule induction, neural networks and association rules. Throughout the text, assumptions that make data mining in law quite different to mining other data are made explicit. Issues such as the selection of commonplace cases, the use of discretion as a form of open texture, transformation using argumentation concepts and evaluation and deployment approaches are discussed at length.
Presidential earmarks? Perhaps even more so than their counterparts in Congress, presidents have the motive and the means to politicize spending for political power. But do they? In Presidential Pork, John Hudak explains and interprets presidential efforts to control federal spending and accumulate electoral rewards from that power. The projects that members of Congress secure for their constituents certainly attract attention. Political pundits still chuckle about the "Bridge to Nowhere." But Hudak clearly illustrates that while Congress claims credit for earmarks and pet projects, the practice is alive and well in the White House, too. More than any representative or senator, presidents engage in pork barrel spending in a comprehensive and systematic way to advance their electoral interests. It will come as no surprise that the White House often steers the enormous federal bureaucracy to spend funds in swing states. It is a major advantage that only incumbents enjoy. Hudak reconceptualizes the way in which we view the U.S. presidency and the goals and behaviors of those who hold the nation's highest office. He illustrates that presidents and their White Houses are indeed complicit in distributing presidential pork—and how they do it. The result is an illuminating and highly original take on presidential power and public policy.
In an earlier inquiry (Cannabis: the scientific and medical evidence, November 1998), the Committee recommended the therapeutic cannabis. However this was immediately rejected by the Government. This new report examines the current state of research into the use of cannabis or therapeutic use and the attitude of the Home Office and the Medicines Control Agency. They found that there has been slow progress in establishing trials, because of stigma and the need for a Home Office licence. However the Home Office is showing the first signs of adopting a more pragmatic approach to cannabis based medicines. At present the Medicines Control Agency do not approach the licensing of cannabis-based medicines in a properly balanced way.