- List of Abbreviations
- Contributors and Editors
- The Art, Craft, and Science of Policing
- Crime and Criminals
- Criminal Process and Prosecution
- The Crime-preventive Impact of Penal Sanctions
- Contracts and Corporations
- Financial Markets
- Consumer Protection
- Bankruptcy and Insolvency
- Regulating the Professions
- Personal Injury Litigation
- Claiming Behavior as Legal Mobilization
- Labor and Employment Laws
- Housing and Property
- Human Rights Instruments
- Social Security and Social Welfare
- Occupational Safety and Health
- Environmental Regulation
- Administrative Justice
- Access to Civil Justice
- Judicial Recruitment, Training and Careers
- Trial Courts and Adjudication
- Appellate Courts
- Dispute Resolution
- Lay Decision-Makers in the Legal Process
- Evidence Law
- Civil Procedure and Courts
- Collective Actions
- Law and Courts'Impact on Development and Democratization
- How Does Inter National Law Work?
- <b>Lawyers and Other Legal Service Providers</b>
- Legal Pluralism
- Public Images and Understandings of Courts
- Legal Education and the Legal Academy
- The (Nearly) Forgotten Early Empirical Legal Research
- Quantitative Approaches to Empirical Legal Research
- Qualitative Approaches to Empirical Legal Research
- The Need for Multi-Method Approaches in Empirical Legal Research
- Legal Theory and Empirical Research
- Empirical Legal Research and Policy-making
- The Place of Empirical Legal Research in the Law School Curriculum
- Empirical Legal Training in the U.S. Academy
Abstract and Keywords
This article deals with one aspect of imparting criminal justice in the context of various objective and subjective determiners. It provides some indication of the breadth, quality, and value of the empirical research work that has been conducted in this area of the law. It considers the pervasive influence of two broad issues—efficiency and security—on decision-making in criminal justice systems across various jurisdictions. It illustrates the contingent nature of the criminal process and discusses the social and political issues, the institutions of the criminal justice system, legal doctrine, policies, and working practices which are the product of complex reflexive relationships. The frame includes the subjective aspects of the decision-maker, his behavioral subjectivity and the prism through which he perceives the matter at hand. This article ends by suggesting a pressing need for empirical research that reveals how policy and practice are influenced by these concepts.
Jacqueline Hodgson is Professor of Law and Director of the Criminal Justice Centre in the School of Law at the University of Warwick, UK.
Andrew Roberts is Associate Professor of Law at Warwick University.
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