Discretion in Criminal Justice

Acknowledgments

Foreword by Michael Tonry

1. Surveying Discretion by Criminal Justice Decision Makers
Lloyd E. Ohlin


The American Bar Foundation Survey

The Survey Origins
Research Methodology
Major Observations of the Survey

The Pilot Project Reports and the Survey Books
The Impact of Ideology on Practice and Research
Policy Choices

2. Confronting the Complexity of the Policing Function
Herman Goldstein


Introduction
The State of Knowledge Before the ABF Survey
The American Bar Foundation Survey

Methodology
Substantive Findings

Developments Since the ABF Survey

The Varied Nature of the Police Function
The Infinite Variety of Situations Police Are Called on to Handle
The Varied Uses of Arrest
The Prevalence of Discretion on Policing
The Police Decision Not to Arrest
The Criminal Justice System as a System

Conclusion

3. The Decision to Charge, the Decision to Convict on a Plea of Guilty, and the Impact of Sentence Structure on Prosecution Practices
Frank J. Remington


Introduction
The Charging and Guilty Plea Decisions as Seen in the Pre-ABF Research

The Charging Decision
The Guilty Plea Decision
Summary

The Charging and Guilty Plea Decisions in the ABF Research

The Charging Decision
The Guilty Plea Decision
Lessons Learned in the ABF Research on Charging and Guilty Plea Decisions

Post-ABF Developments

The Charging Decision
The Guilty Plea Decision
The Changing of Roles of Trial Judge, Prosecuter, Defense Counsel, and Victim in the Charging and Guilty Plea Decisions

Conclusion

4. Sentencing, Parole, and Community Supervision
Walter J. Dickey


Introduction
Pre-ABF Research and Developments

Classical and Positivist Theories
Implementation of Rehabilitative Theory in American Practices
Ideological Framework of the Pre-ABF Research
Pre-ABF Research Findings
Sentencing Discretion in Pre-ABF Research
Conclusions on Pre-ABF Research

The American Bar Foundation Research

Trial Judge Sentencing in Wisconsin as Described by the ABF Research
Parole Release in Wisconsin
Probation and Parole Supervision in Wisconsin
Significance of the ABF Research

Post-ABF Research and Developments

The Experience in Wisconsin
After the ABF Survey-Sentencing and Parole Release

Conclusion: Discretion in Sentencing and Corrections on the National Scene

5. Criminal Justice Responses to Domestic Violence
Raymond I. Parnas


The ABF Survey's Contribution to Domestic Violence Issues
Related Developments on Domestic Violence Issues
Influences on the Development of Full Enforcement Policies
Research Findings on Full Enforcement
The Future: From Low Visibility to High Visibility; From Adjustment to Arrest; So What?

6. Police Rule Making and the Fourth Amendment: The Role of the Courts
Wayne R. LaFave


Police Rule Making and the Fourth Amendment
Impoundments and Inventories: The Bertine "Standardized Procedure" Requirement
Inspections: The Camera "Reasonable...Administrative Standards" Requirement
Stops: By "Plan" or By "Profile"
Arrests: Police Limits on Force and Custody
The Role of th