ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book begins with giving different definitions of discretion and how it is related to penal decision-making, and illustrates the inherently contested character of the use of discretion in a penal context. It aims to explore the available models for theorizing the main themes that emerged as important in the context of understanding breach processes comparatively in Europe. The book describes the roles and responsibilities of parties involved in the decision-making process. It focuses on whether and how breach decision-making is characterized by discretion and what the role of professionalism can be. The book explores the extent of legitimacy inherent in breach processes in different European countries as well as the degree to which typical due process rights are guaranteed in breach processes in a comparative European context.