NCJ Number
78896
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 63 Issue: 4 Dated: (August 1980) Pages: 206-216
Date Published
1980
Length
11 pages
Annotation
The validity of using criminal case records to determine West German public prosecutors' criteria for deciding whether to bring suit in criminal cases is assessed.
Abstract
The record analysis method is used in a recent Freiburg study and has been acclaimed by prosecutors. Records contain data about legal proceedings produced by the various agencies of the criminal justice system. They contain official information essential to the case but not unofficial information such as telephone conversations which may also be relevant to proceedings. While the records thus communicate information precisely and logically, the nonverbal information about the relationship of the involved individuals is lost. Moreover, records say nothing about the background which forms the basis for prosecutors' judgments. Prosecutors frequently include information in their reports about the reasons for their decisions but this does not necessarily explain their actual motivations or their legal strategy. Information may also be manipulated to further prosecutors' goals. Records are thus only of limited use to researchers: the records lack information on everyday rules for application of laws and on differentiation between explanation and legitimization of decisions. For these reasons, comprehensive studies of prosecutors' decisionmaking must also resort to other methods such as interviews. Only basic information about prosecutors' communications processes can be derived from the records alone. Official representatives favor analysis of records because these sources make prosecutors appear to be entirely objective. but such an approach neglects the subjective elements of decisionmaking. Notes and a bibliography of about 30 entries are included.