New Look at Cross-Site Prosecutorial Decisionmaking (From Prosecutorial Decisionmaking - Selected Readings, P 327-350, 1980, Joan E Jacoby, ed. - See NCJ-79210)

• NCJ Number: 79225
• Author(s): E C Ratledge
• Date Published: 1980
• Length: 23 pages
• Grant Number(s): 78-NI-AX-0006; 79-NI-AX-0034
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Bureau of Social Science Research, Inc
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Paper presented to the American Society of Criminology in San Francisco, CA. Available on microfiche as NCJ-79210.

Annotation

Methodology and findings are summarized from a study of prosecutorial decisionmaking in 15 prosecutors' offices, with attention to common variables used in evaluating cases among offices.

Abstract

A standard case set of 30 cases was administered to about 800 attorneys in the 15 offices surveyed throughout the country. The decision process on cases was examined from the perspectives of the crime, the criminal, the evidence, and the site. The decisions considered are (1) the determination of priority for prosecution, (2) whether the case will be prosecuted, (3) whether the original charge will be reduced, and (4) whether the case is likely to go to trial. Data showed the decisionmaking process to be similar across sites. The decision on the priority of the case generally involves consideration of the nature and characteristics of the crime and the criminal, along with the strength of the evidence. The decision about whether to accept the case largely ignores the characteristics of the defendant and much of the evidence data, while focusing on the seriousness of the crime, police witnesses, and any constitutional problems that would cause the prosecution to lose the case. The decision on the reduction of the original charge generally depends on the seriousness of the accused's prior criminal history. Charges are not likely to be reduced for a defendant with a pattern of serious crime. Charges are also likely to be reduced for complex cases which would require large resource expenditures for trial, with a substantial possiblity of the prosecution's losing. The decision about going to trial is a function of both the crime and the criminal, with little weight going to the evidence variables. This is because defendants usually plead guilty to the original charge when the evidence is strong, unless the offense is serious or the defendants know that they will get the maximum sentences even with a guilty plea. Tabular data and seven references are provided. A sample case from the standardized case set is appended. (Author summary modified)