NCJ Number
111266
Date Published
1986
Length
19 pages
Annotation
Boulder County, Colo., arrest standards pertain to determinants of the use of police discretion in arrest decisions, and prosecutorial standards relate to the decision to file a charge, charge selection, and dispositions.
Abstract
For each of 24 arrest standards or determinants of the use of police discretion, the manual presents a definition of the determinant, the relationship of the determinant to arrest-release discretion, and the relationship of the determinant to prosecution standards. Among the arrest discretion determinants are the victim's willingness to accept restitution without prosecution, a hostile or reluctant victim or witness, conditional violations, probable victim or witness failure to appear, the status of the relationship between offender and victim/witness, informant status, and a questionable or weak identification by a victim or witnesses. The prosecutorial standards are intended to institute procedures and guidelines of discretion that will ensure a fair, efficient, and effective enforcement of the criminal law. Standards for the decision to file a charge pertain to basic criteria for charging, improper bases for charging, case investigation, sufficiency and admissibility of evidence, reasonable probability of conviction, affirmative defenses, proper jurisdiction, and discretionary factors. Charge-selection standards focus on offense class, additional counts, special allegations, and joinder of defendants. Miscellaneous prosecutorial standards are covered in the final section.