scholarly journals POLICE DISCRETION AND PROCEDURAL JUSTICE

Author(s):  
Franklin Epiphanio Gomes de Almeida

  Discretion is an important and inevitable characteristic of policing that raises several discussions among academics and practitioners in the field due to the significant impact that police decisions can have on citizens’ lives and on the credibility of police institutions. This controversial attribute of police power presents challenges to the exercise of policing in democratic societies. This essay argues that procedural justice upholds police discretionary powers. It also presents real-life examples of how the exercise of police discretion in policing diverse communities may be used to counter or endorse principles of equality and procedural justice.  

2000 ◽  
Vol 2 (1) ◽  
pp. 17-32 ◽  
Author(s):  
Tim Prenzler ◽  
Hennessey Hayes

This paper reports on implications for the management of police discretion arising from a Victim—Offender pilot project in Queensland, Australia. The pilot was conducted with juvenile offenders and was highly successful on a range of key outcomes related to restorative justice. However, the project suffered from very low referrals from police, and there were no referrals from the courts, partly because of magistrates' deference to police decisions. As a consequence, many crime victims and young offenders and their caregivers had no opportunity to benefit from reparation. On this basis, a recommendation was made to curtail police discretion severely by building into the case disposition process mandatory consultation regarding mediation with all victims and offenders. This posed a direct challenge to the traditional wide discretionary powers held by police in their gatekeeping role. This research was commissioned by the Queensland Department of Justice. The views expressed are those of the authors, not necessarily those of the Department.


Author(s):  
Joseph Chan

This chapter argues that although the Confucian ideal of the authoritative ruler–ruled relationship is an attractive ideal that would appear to be relevant even in contemporary democratic societies, in reality not all officials are trustworthy and genuinely care for the people. Here arises the challenge of how to properly handle the interplay between the ideal and reality. On one hand, there should be a social device that helps prevent officials from abusing power and removes bad officials from office; on the other hand, such a device must be able to express the Confucian ideal relationship and hopefully also promote it. The solution lies in the nature of institutions, which are devices that simultaneously perform socially useful tasks to tackle real-life problems and uphold standards of normative appropriateness that express ideal aspirations.


2020 ◽  
pp. 003802612092888 ◽  
Author(s):  
Thomas Olesen

The article analyses the construction of whistleblower heroes in cinematic dramatization. Drawing on Joseph Campbell’s and Vladimir Propp’s work on mythology and fairy tales and Jeffrey Alexander’s civil sphere concept, I argue that these narratives are structured as a journey with five thresholds that all must be crossed before heroic status can be awarded. The theoretical framework is applied in an analysis of eight whistleblower films. So far, films have not been explored as a source of sociological insight into the values and meanings associated with whistleblowers. While the article focuses empirically on films, the findings have broader implications. The analysis of films lets us discover the ideal-typical contours of the whistleblower as a distinct social and political persona in democratic societies. Unpacking their hero-making narratives equips us with new tools to interpret the moral-political grammar of the meaning struggles that emerge in the wake of real-life whistleblower disclosures.


2021 ◽  
Vol 12 ◽  
Author(s):  
Lisa F. M. Ansems ◽  
Kees van den Bos ◽  
Elaine Mak

This study aims to put perceived procedural justice to a critical test in the context of Dutch criminal court hearings. To that end, we surveyed 198 criminal defendants to examine whether their perceptions of procedural fairness were significantly associated with trust in judges and intentions to protest against judicial rulings, among other variables. We also examine the possibility that sometimes unfair procedures may have nice aspects, because they offer opportunities to attribute negative outcomes to external causes. Previous studies conducted in different settings support this line of reasoning by showing that associations between perceived procedural justice and other variables are sometimes attenuated or even reversed, particularly when people feel strongly evaluated. The current study takes these insights into the novel context of Dutch criminal court hearings by focusing on defendants with a non-Western ethnic-cultural background. Some of these defendants may feel negatively evaluated by society, which can manifest as a high level of perceived discrimination. Thus, we examine whether the associations between perceived procedural justice and important other variables may be attenuated or reversed depending on respondents’ perceptions of everyday discrimination and their outcome judgments. Our results revealed significant associations between perceived procedural justice on the one hand and trust in judges and protest intentions on the other hand, which remained intact regardless of perceptions of everyday discrimination and outcome judgments. Hence, even in this real-life courtroom context, procedural justice was a relevant concern. Taken together, our findings support the importance of perceived procedural justice, even when it is put to a critical test.


2018 ◽  
Vol 5 (1) ◽  
pp. 81-91 ◽  
Author(s):  
Jason Stanley ◽  
John B. Min

Stanley and Min discuss how propaganda works in liberal democratic societies. Stanley observes that the inability to address the crisis of liberal democracies can be partially explained by contemporary political philosophy’s penchant for idealized theorizing about norms of justice over transitions from injustice to justice. Whereas ancient and modern political philosophers took seriously propaganda and demagoguery of the elites and populists, contemporary political philosophers have tended to theorize about the idealized structures of justice. This leads to a lack of theoretical constructs and explanatory tools by which we can theorize about real-life political problems, such as mass incarceration. Starting with this premise, Stanley provides an explanation of how propaganda works and the mechanisms that enable propaganda. Stanley further theorizes the pernicious effects that elitism, populism, authoritarianism, and “post-truth” have on democratic politics.


2020 ◽  
Vol 48 (2) ◽  
pp. 399-409
Author(s):  
Baizhen Gao ◽  
Rushant Sabnis ◽  
Tommaso Costantini ◽  
Robert Jinkerson ◽  
Qing Sun

Microbial communities drive diverse processes that impact nearly everything on this planet, from global biogeochemical cycles to human health. Harnessing the power of these microorganisms could provide solutions to many of the challenges that face society. However, naturally occurring microbial communities are not optimized for anthropogenic use. An emerging area of research is focusing on engineering synthetic microbial communities to carry out predefined functions. Microbial community engineers are applying design principles like top-down and bottom-up approaches to create synthetic microbial communities having a myriad of real-life applications in health care, disease prevention, and environmental remediation. Multiple genetic engineering tools and delivery approaches can be used to ‘knock-in' new gene functions into microbial communities. A systematic study of the microbial interactions, community assembling principles, and engineering tools are necessary for us to understand the microbial community and to better utilize them. Continued analysis and effort are required to further the current and potential applications of synthetic microbial communities.


2010 ◽  
Vol 11 (2) ◽  
pp. 60-65
Author(s):  
Francine Wenhardt

Abstract The speech-language pathologist (SLP) working in the public schools has a wide variety of tasks. Educational preparation is not all that is needed to be an effective school-based SLP. As a SLP currently working in the capacity of a program coordinator, the author describes the skills required to fulfill the job requirements and responsibilities of the SLP in the school setting and advises the new graduate regarding the interview process and beginning a career in the public schools.


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