NCJ Number
114192
Date Published
1986
Length
25 pages
Annotation
This analysis, based on a review of relevant literature, focuses on prosecutorial discretion as an alternative, adaptive mechanism available and commonly used to deal with child sexual abuse cases which present processing problems.
Abstract
Results from the pioneering research of DeFrancis (1969) and the more recent study by Rogers (1982) document the frequent use of informal, discretionary procedures for the handling of child sexual abuse cases. Indeed, findings indicate that the application of prosecutorial discretion in sexual abuse cases occurs approximately as often and for similar reasons as in cases involving other types of criminal offenses. Studies also suggest that the particular forms of prosecutorial discretion differ among jurisdictions or time periods. Future research is needed to document how plea bargaining and other forms of prosecutorial discretion operate in sexual abuse cases. There is also a need to investigate the effects of such discretionary practices for all involved parties. Additionally, research should examine how cases disposed through prosecutorial discretion differ from those which proceed to trial. Absent the findings of such research, innovations in the processing of child sexual abuse cases run the risks of failing to have their intended effect due to prosecutorial discretion or of reducing discretion potentially more effective than new restrictions. 7 footnotes, 62 references.