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DISCRETIONARY AUTHORITY OF THE PROSECUTOR - ROLES AND FUNCTIONS OF THE PROSECUTOR

NCJ Number
69134
Editor(s)
J J DOUGLASS
Date Published
1977
Length
170 pages
Annotation
A COMPILATION OF LAW REVIEW AND PROFESSIONAL JOURNAL ARTICLES, JUDICIAL DECISIONS, AMERICAN BAR ASSOCIATION STANDARDS, AND OTHER MATERIALS PERTAINING TO PROSECUTORIAL DISCRETION IS PRESENTED.
Abstract
A BRIEF INTRODUCTION AND OVERVIEW PRECEDES DISCUSSIONS OF THE DEFINITION, SCOPE AND SOURCE OF PROSECUTORIAL DISCRETION, AND THE INFORMAL INFLUENCES THAT SHAPE ITS EXERCISE. CONTEXTS IN WHICH PROSECUTORIAL DISCRETION IS EXERCISED ARE REVIEWED, INCLUDING THE DECISION TO PROSECUTE, THE DECISION TO USE ALTERNATIVES TO PROSECUTION, PLEA BARGAINING DECISIONS, AND BAIL DECISIONS. RELEVANT AMERICAN BAR ASSOCIATION STANDARDS ARE PRESENTED. OTHER MATERIALS EXAMINE DEVELOPMENTS IN THE CONTROL OF PROSECUTORIAL DISCRETION, THROUGH PRIVATE, JUDICIAL, AND LEGISLATIVE MEANS, AND THROUGH INTERNAL POLICY/PROCEDURE GUIDELINES. INCLUDED ARE DESCRIPTIONS OF INTERNAL CONTROLS IMPLEMENTED IN PROSECUTORS' OFFICES IN HARRIS COUNTY, TEX., LOS ANGELES COUNTY, DETROIT, AND DENVER. ALSO INCLUDED IS A BRIEF ARTICLE ON THE RURAL PROSECUTOR AND THE EXERCISE OF DISCRETION. A BIBLIOGRAPHY (25 REFERENCES) IS PROVIDED.

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