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