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14 Crime & Delinquency 1 (1968)

handle is hein.journals/cadq14 and id is 1 raw text is: CRIME and DELINQUENCY NATIONL COUNCI ON CRIM AMD DELIQUENCY Volume 14 January 1968 Number 1 Judicial Intervention in Correctional Decisions: Threat and Response EDWARD L. KIMBALL Professor of Law, University of Wisconsin Assistant Professor of Law, 1956-60, Associate Professor of Law, 1960-62, University of Montana; Rockefeller Research Fellow, University of Wisconsin, 1961-62 B.S. (History), 1953, LL.B., 1955, University of Utah; LL.M., 1959, S.J.D., 1962, University of Pennsylvania DONALD J. NEWMAN Professor of Criminal Justice, State University of New York (Albany) Professor of Sociology, St. Lawrence University, 1953-60; Professor of Law and Professor of Social Work, University of Wisconsin (Madison), 1960-67 B.S. (Psychology), 1949, M.S. (Sociology), 1952, Ph.D. (Sociology), 1954, University of Wisconsin Courts are giving increasing consideration to probationers', inmates', and parolees' challenges of various discretionary deci- sions by correctional authorities. In general, this intervention is perceived by correctional personnel as undesirable and threaten- ing to agency and professional autonomy. However, in proper perspective, judicial review of correctional decisions poses no substantial threat since courts generally ask only whether correc- 1

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