Reasons to DoubtPub Date : 2019-01-31DOI: 10.1093/oso/9780198794578.003.0003
C. Hoyle, Mai Sato
{"title":"Making Sense of Decision-making","authors":"C. Hoyle, Mai Sato","doi":"10.1093/oso/9780198794578.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198794578.003.0003","url":null,"abstract":"This chapter examines decision-making and the use of discretion within the Criminal Cases Review Commission using socio-legal analysis, with particular emphasis on the application of the real possibility test at screening, investigation, and referral back to the Court of Appeal. It also describes the theoretical framework used in the review of the Commission's discretion and decision-making. The chapter begins with a discussion of how the Commission decides whether there is new evidence and whether that evidence gives rise to a real possibility that the Court of Appeal will find the conviction to be unsafe. It then considers the legal and socio-legal literature on discretion, highlighting the key features of discretionary behaviour and how it is facilitated and constrained in practice. Finally, it explores three concepts proposed by Keith Hawkins in the context of legal decision-making: ‘surround’, ‘field’, and ‘frame’.","PeriodicalId":425336,"journal":{"name":"Reasons to Doubt","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127511673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Reasons to DoubtPub Date : 2019-01-31DOI: 10.1093/OSO/9780198794578.003.0013
C. Hoyle, Mai Sato
{"title":"‘Post-decision Decision-making’","authors":"C. Hoyle, Mai Sato","doi":"10.1093/OSO/9780198794578.003.0013","DOIUrl":"https://doi.org/10.1093/OSO/9780198794578.003.0013","url":null,"abstract":"This chapter examines the Criminal Cases Review Commission's policy on post-decision decision-making, focusing on what happens in cases when the Commission has decided there are no grounds for referral but where the applicant comes back with further information or a new application to try to persuade the Commission that its decision was wrong. The chapter first describes the legitimacy of the Commission's post-decision decision-making before discussing its instrumental decision-making based on referrals, judicial review, and procedural justice. It then shows how the Commission responds to ‘further submissions’ or ‘reapplications’, and how they provide applicants with an opportunity to have their cases reconsidered. It also analyses the empirical and theoretical drivers that underpin the Commission's decision field, the new ‘frames’ that make it possible to redefine cases in further submissions and reapplications, and how developments in the surround affects the Commission's decision frame.","PeriodicalId":425336,"journal":{"name":"Reasons to Doubt","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114603391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Reasons to DoubtPub Date : 2019-01-31DOI: 10.1093/oso/9780198794578.003.0004
C. Hoyle, Mai Sato
{"title":"Decision-making from Application to Outcome","authors":"C. Hoyle, Mai Sato","doi":"10.1093/oso/9780198794578.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198794578.003.0004","url":null,"abstract":"This chapter examines how law, policy, and culture shape organisational decision-making at the Criminal Cases Review Commission. Drawing on Chun Wei Choo's concept of a ‘knowing organisation’, it considers how the organisation aims to influence the work of commissioners and case review managers. Choo's sociology of an organisation is used to analyse those institutional forms of knowledge that seek to direct decision-making at the Commission: primarily, the Formal Memoranda and the Casework Guidance Notes. The chapter goes on to describe the various stages in the progress of an application to show the many points at which discretion might be exercised, namely: screening and reviewing cases. It explains how the Commission decides when it comes to conducting an investigation, collecting evidence, and appointing an investigating officer to the case. It also discusses the Commission's ‘post-decision’ decision-making and concludes by returning to Choo's notion of sense making and knowledge creation.","PeriodicalId":425336,"journal":{"name":"Reasons to Doubt","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123532553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Reasons to DoubtPub Date : 2019-01-31DOI: 10.1093/oso/9780198794578.003.0012
C. Hoyle, Mai Sato
{"title":"Managing Efficiency and Thoroughness in Case Review","authors":"C. Hoyle, Mai Sato","doi":"10.1093/oso/9780198794578.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198794578.003.0012","url":null,"abstract":"This chapter examines the Criminal Cases Review Commission's decision-making process through the lens of efficiency and thoroughness. It first considers the ‘sense-making’ process of gathering and interpreting information within the Commission and how the Commission prioritises cases before discussing the Commission's formal ‘knowledge-building’ based on expert evidence and complainant credibility, along with its cultural knowledge. It then analyses the Commission's field that sets the boundaries of the scope of organisational enquiry, the decision frames that help individual decision-makers to operationalise the concepts of thoroughness and efficiency, and the key performance indicators used to measure the Commission's success. It also explores the amount of ‘empirical’ investigation beyond ‘desktop’ reviews carried out by case review managers (CRMs) and the use of section 17 powers to obtain information from external bodies and experts. Finally, it explains how the Commission secures compliance without resorting to legal coercion.","PeriodicalId":425336,"journal":{"name":"Reasons to Doubt","volume":"11 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127923464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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