NCJ Number
69512
Date Published
1979
Length
95 pages
Annotation
THE PROSECUTIVE FUNCTION IN 10 JURISDICTIONS NATIONWIDE EXAMINED FROM A POLICY PERSPECTIVE; GEOGRAPHICALLY DISPERSED JURISDICTIONS RANGING IN SIZE FROM 165,000 TO OVER 2.5 MILLION ARE INCLUDED.
Abstract
SPECIFIC STUDY OBJECTIVES WERE TO DETERMINE WHAT ASPECTS WITHIN THE PROSECUTIVE FUNCTION'S CONTROL ARE IMPORTANT TO THE SELECTION AND IMPLEMENTATION OF POLICY, TO IDENTIFY AND DESCRIBE THE TYPES OF POLICIES, AND TO EXAMINE POLICIES FOR THOSE FACTORS THAT SIGNIFICANTLY AFFECT THEIR UNIFORM AND EQUAL IMPLEMENTATION. THE INTERNAL EXAMINATION OF THE PROSECUTORS' OFFICES INCLUDED ONSITE OBSERVATION AND STUDY. THE PRIMARY PURPOSE WAS TO IDENTIFY THE POLICY OF THE PROSECUTOR, ISOLATE THOSE PROCEDURES BY WHICH POLICY WAS TRANSMITTED THROUGH THE OFFICE AND IMPLEMENTED, AND NOTE POLICY REQUIREMENTS AND EFFECTS. FOUR DISTINCT TYPES OF POLICIES WERE IDENTIFIED IN PREVIOUS LEAA STUDIES: LEGAL SUFFICIENCY, SYSTEM EFFICIENCY, TRIAL SUFFICIENCY, AND DEFENDANT REHABILITATION. THE EXISTENCE OF A SPECIFIC POLICY TYPE CAN BE DETERMINED BY EXAMINING SEVERAL KEY ELEMENTS, SUCH AS CRITERIA USED FOR CHARGING, OPERATIONAL STRATEGIES EMPLOYED, AND RESOURCE ALLOCATION PATTERNS. THE STUDY VERIFIED THE EXISTENCE OF CHARGING POLICIES DESCRIBED IN THE HYPOTHESIZED TYPOLOGIES. THE 10 SITES PRESENTED A FULL RANGE OF DIFFERENCES IN TYPES OF INTAKE PROCEDURES, ACCUSATORY PROCESSES, COURT SYSTEMS, AND OTHER ASPECTS OF THE CRIMINAL JUSTICE SYSTEM. THREE BASIC PROSECUTORIAL STYLES OF DECISIONMAKING WERE IDENTIFIED. THESE INCLUDE THE TRANSFER STYLE, WHICH SHIFTS PROSECUTIVE DECISION FUNCTIONS TO THE LAW ENFORCEMENT OR JUDICIAL COMPONENTS; THE UNIT STYLE, IN WHICH ASSISTANTS ARE GIVEN AUTONOMY IN DECISIONMAKING; AND THE OFFICE STYLE, IN WHICH THE CHIEF PROSECUTOR SELECTS A COURSE OF ACTION AND DELEGATES DECISIONMAKING AUTHORITY ACCORDINGLY. THE STUDY FURTHER FOUND THAT THE PROSECUTION'S CONTROL OVER ITS ROLE IS A FUNCTION OF THE DEFINITION OF THE SCOPE OF PROSECUTION AND THE ROLE OF THE PROSECUTOR AS THE CHIEF POLICYMAKER, THE STYLES OF DECISIONMAKING, AND THE ABILITY OF THE OFFICE TO IMPLEMENT A CHARGING POLICY AND CONTROL THE INTAKE PROCESS. FIGURES, TABLES, AND 15 FOOTNOTES ARE INCLUDED. FOR THE ENTIRE REPORT FOR WHICH THIS IS AN EXECUTIVE SUMMARY, SEE NCJ 69512.