EVALUATING THE PROSECUTOR FROM A POLICY PERSPECTIVE (FROM THEORY AND RESEARCH IN CRIMINAL JUSTICE - CURRENT PERSPECTIVES, 1979, BY JOHN A CONLEY - SEE NCJ-56156)

• NCJ Number: 56159
• Author(s): J E JACOBY
• Date Published: 1979
• Length: 16 pages
• Corporate Author: Anderson Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A TYPOLOGY OF PROSECUTORIAL POLICIES IS PRESENTED, AND ITS USE IN EVALUATING THE PERFORMANCE OF PROSECUTORS IS EXPLORED.

Abstract

OBSERVATIONS OF PROSECUTORS' OFFICES THROUGHOUT THE UNITED STATES REVEALED FOUR BASIC TYPES OF POLICIES GOVERNING PROSECUTORIAL OPERATIONS: (1) LEGAL SUFFICIENCY (THE BELIEF THAT, IF THE ELEMENTS OF A CRIME ARE PRESENT, THEN IT IS THE PROSECUTOR'S DUTY TO CHARGE AND PROSECUTE); (2) SYSTEM EFFICIENCY (WILLINGNESS TO USE A WIDE RANGE OF PROCEDURES TO ACHIEVE SPEEDY AND EARLY DISPOSITION OF CASES); (3) TRIAL SUFFICIENCY (THE BELIEF THAT A CASE SHOULD BE PURSUED ONLY IF IT IS WORTHY OF PROSECUTION AND PROMISES TO RESULT IN A CONVICTION); AND (4) DEFENDANT REHABILITATION (A DEFENDANT-ORIENTED VIEW THAT USES SOME OF THE ELEMENTS OF THE EFFICIENCY MODEL TO DIVERT MOST DEFENDANTS FROM THE CORRECTIONAL SYSTEM). A PROSECUTOR'S POLICY INFLUENCES GOALS AND DISPOSITIONAL PATTERNS AND MUST BE TAKEN INTO ACCOUNT WHEN EVALUATING PROSECUTORIAL OPERATIONS. THE POLICY TYPOLOGY CAN ALSO PREDICT PROSECUTOR'S STRATEGIES (PLEA BARGAINING, DISCOVERY, DIVERSION) AND RESOURCE NEEDS. IN ADDITION TO TAKING POLICY INTO ACCOUNT, EVALUATIONS OF PROSECUTORIAL PERFORMANCE MUST ALSO CONSIDER OTHER FACTORS (EXTERNAL CONSTRAINTS ON THE PROSECUTOR'S FUNCTION, THE PROSECUTOR'S OWN ROLE PERCEPTION, THE AVAILABILITY OF RESOURCES, STRATEGIES, AND INFORMATION) THAT AFFECT PERFORMANCE. ILLUSTRATIVE FIGURES ARE INCLUDED. (LKM)