NCJ Number
79445
Date Published
1981
Length
0 pages
Annotation
Joan Jacoby, a researcher in the field of criminal justice and prosecution, discusses misconceptions about public prosecutors.
Abstract
One prevalent myth about lawyers in general is that they can solve all sorts of problems. However, most lawyers are incapable of solving problems because their training focuses on exceptions and precedents, rather than on problem-solving techniques. Another myth is that public prosecutors have unbridled discretion and often abuse their authority. Prosecutorial discretion is not really the issue. However, the public actually sees only the results of environmental and policy decisions. The American justice system, a system of checks and balances, is a comprehensive system for handling complaints. Research shows that most prosecutors reach the same decisions in the same type of cases. A third myth is that plea bargaining (plea negotiation) is a necessary evil. Plea negotiation should be an acceptable and major dispositional vehicle with the proper controls. An anti-plea-bargaining stance is possible, however, in cases when the court cooperates with the prosecutor. Still another myth asserts that the organizational effectiveness of the prosecutorial office can be enhanced by having all its personnel under civil service. Research reveals that the most enthusiastic prosecutors are not civil servants. Other myths include the following: that all prosecutors should do something all the same way, that the criminal justice system is so complex it cannot be analyzed, and that specific and general deterrents really do work. Questions and answers follow the discussion.