NCJ Number
60510
Date Published
1979
Length
23 pages
Annotation
THE CONNECTION BETWEEN PROSECUTORIAL VALUES AND POLICIES AND THE DISPOSITION OF INDIVIDUAL CASES AND DECISIONS WHICH MANIFEST THOSE POLICIES IS DISCUSSED.
Abstract
CRIMINAL LAW IS ONLY A SMALL PART OF THE MECHANISM OF SOCIAL CONTROL THAT OPERATES THROUGH INFLUENCES SUCH AS FAMILY AND SCHOOL. WHEN THE GENERAL METHODS OF CONTROL FAIL THEN MORE SPECIFIC MEANS, SUCH AS THE LAW, ARE CALLED INTO PLAY. THE CRIMINAL JUSTICE SYSTEM IS THE MOST SANCTIFIED AND OFFICIAL MECHANISM OF CONTROL, BUT BECAUSE LEGISLATION FUNCTIONS TOO SLOWLY TO KEEP UP WITH CHANGING SOCIAL POLICIES, SOCIETY GIVES KEY ACTORS WITHIN THE CRIMINAL JUSTICE SYSTEM DISCRETION TO DECIDE WHETHER THE IDEAL GOALS OF THE LAW SHOULD BE MODIFIED TO FIT INDIVIDUAL CIRCUMSTANCES. IN AMERICA, THIS DISCRETION IS GIVEN TO THE PUBLIC PROSECUTOR WHOSE POLICIES ARE MEANT TO REFLECT THE ATITUDES OF THE CITIZENS. EXTERNAL FACTORS WHICH AFFECT PROSECUTOR POLICY INCLUDE THE PROSECUTOR'S OWN VALUES AND THE ECONOMICS OF THE AREA BEING SERVED. A CONCEPTUAL MODEL FOR POLICY ANALYSIS ASSUMES THAT LOCAL ENVIRONMENT AFFECTS POLICY AND RESOURCE ALLOCATION. RESEARCH SPONSORED BY THE LEAA TO DETERMINE THE FEASIBILITY OF A NATIONWIDE EVALUATION OF PROSECUTORS INDICATES THAT SUCH AN EVALUATION IS IMPRACTICAL, BUT THAT GENERALLY PROSECUTORIAL POLICY HAS A GREAT IMPACT ON THE DISPOSITION RATES AND THE USE OF VARIOUS PROSECUTORIAL STRATEGIES. ANALYSES OF THE COLLECTED DATA INDICATE THAT THE LEGAL SUFFICIENCY AND SYSTEM SUFFICIENCY MODELS ARE USEFUL IN MINIMIZING CASELOADS, BUT THAT THE DEFENDANT REHABILITATION AND TRIAL SUFFICIENCY TYPOLOGIES REQUIRED THE USE OF TRAINED STAFF MEMBERS. ADDITIONAL RESEARCH IS REQUIRED TO DETERMINE THE POLICIES WHICH WILL MOST FAIRLY DISTRIBUTE JUSTICE IN THE MOST EFFECTIVE MANNER. TABULAR DATA AND REFERENCES ARE PROVIDED. (TWK)