NCJ Number
73898
Journal
Revue de droit penal et de criminologie Volume: 60 Issue: 8-9-10 Dated: (August-September-October 1980) Pages: 813-838
Date Published
1980
Length
26 pages
Annotation
This study analyzes the way in which Belgian prosecutors use their discretionary powers, exemplified by shoplifting and drunk driving cases: an attempt is also made to find the rationale behind individual prosecutors' decisions.
Abstract
In order to fill a gap in Belgian law scholarship compared to neighboring countries, a systematic analysis of prosecutorial decisions over a determinate period of time was undertaken to establish the rationale behind each decision. All cases analyzed involved two types of offenses, shoplifting and driving under the influence. In the second type of cases, recommendations to suspend drivers' licenses and the length of the suspensions requested, as well as the reasons for differences in handling similar cases were analyzed. The methodology used in this research consisted of different types of statistical analysis, chiefly multiple regressions. Among the factors influencing prosecutorial decisions, researchers considered the seriousness of the offense, attendant circumstances, personal traits of the offenders, and the known attitudes of different prosecutors. The latter appeared to play the most important role in case dispositions: indulgent magistrates prosecuted fewer cases, whereas prosecutors with a sterner reputation prosecuted more cases. Suspects from lower socioeconomic strata were prosecuted more often than affluent defendants. On the basis of quantitative data, however, the researchers found it difficult to reach definite qualitiative conclusions. The study ends with the suggestion that a great deal of further research is needed. Footnotes include bibliographic references, and statistical tables and graphs are provided in the text.