本月獨享 – Chain Reactions in Criminal Justice: Discretion and the Necessity of Interdisciplinary Research

書名:Chain Reactions in Criminal Justice: Discretion and the Necessity of Interdisciplinary Research,語言:英文,ISBN:9789462367142,作者:Van Der Woude, Maartje,出版日期:2017/01/01,類別:人文社科


Discretionary power resides at all levels of the criminal justice chain. Whereas discretion is seen to be necessary for a proper and efficient functioning of the criminal justice system, it is more often seen as a problem for legal and public policy due to its potential for injustice or for social advancement. For a concept this central to the criminal justice system, both as a virtue and a burden, it is interesting to see that research into discretion and discretionary decision-making is somewhat limited, or at least somewhat disciplinary isolated. Legal scholars have been mostly concerned with clarifying the concept itself and exploring its relationship with rules and the extent to which rules authorize discretionary behavior. The interest of many social scientists on the other hand has, in contrast, been in analyzing the law in action so as to further an understanding of how the words of law may – or may not – be translated into legal action. By defining discretion as decision-making they accentuate different aspects of discretion, making it difficult to combine both strands of literature and therewith making it impossible to gain a full oversight and deep notion of the greater effects of discretion on the various levels – and the interplay between these levels – of the criminal justice chain. By drawing from her research on ethnic profiling, crimmigration and counterterrorism legislation, Van der Woude aims to illustrate not only the centrality of the notion of discretion in various criminal justice matters, she also aims to illustrate the necessity of seeing and researching discretion as an interdisciplinary concept.


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Chain Reactions in Criminal Justice: Discretion and the Necessity of Interdisciplinary Research