PRE-TRIAL SCREENING IN PERSPECTIVE

• NCJ Number: 30006
• Author(s): J E JACOBY
• Date Published: 1975
• Length: 90 pages
• Grant Number(s): 75-NI-99-0079
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Bureau of Social Science Research, Inc
• Sale Source: National Institute of Justice/
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America
• Note: NATIONAL EVALUATION PROGRAM

Annotation

PRESENTATION OF A METHODOLOGY FOR EVALUATING SCREENING MECHANISMS IN OPERATION IN A GIVEN PROSECUTOR'S OFFICE TO DETERMINE WHETHER THESE DEVICES ARE FULFILLING THE PURPOSES FOR WHICH THEY WERE ADOPTED.

Abstract

THE MAIN THESIS OF THIS PAPER IS THAT THE EFFECT OF THE PRETRIAL SCREENING PROCESS MUST BE EVALUATED IN TERMS OF PROSECUTORIAL POLICY. FOUR IDEAL OR MODEL POLICIES ARE DISCUSSED. THEY ARE AS FOLLOWS: THE LEGAL SUFFICIENCY POLICY (PROSECUTION OF ALL LEGALLY-SUFFICIENT CASES); THE SYSTEM EFFICIENCY POLICY (WHICH AIMS FOR THE SPEEDY AND EARLY DISPOSITION OF CASES BY ANY MEANS POSSIBLE); THE DEFENDANT REHABILITATION POLICY (IN WHICH THE PROSECUTOR BELIEVES THAT THE MOST EFFECTIVE TREATMENT FOR THE MAJORITY OF DEFENDANTS WHO PASS THROUGH HIS OFFICE IS NOT BY PROCESSING THEM THROUGH THE CRIMINAL JUSTICE SYSTEM); AND THE TRIAL SUFFICIENCY POLICY (IN WHICH CASES ARE ACCEPTED ONLY IF THE PROSECUTOR IS WILLING TO HAVE IT JUDGED ON ITS MERITS AND EXPECTS A CONVICTION). FIGURES ARE USED TO SHOW HOW EACH POLICY TENDS TO LEAD TOWARD DIFFERENT TYPES OF CHARGING DECISIONS AND HOW EACH HAS DIFFERENT EFFECTS ON OTHER DISPOSITIONS. STRATEGIES AND PREDICTED OUTCOMES FOR EACH OF THE FOUR POLICIES ARE ALSO PRESENTED. RESEARCHERS CONCLUDE THAT SINCE THE RELATIVE FREQUENCY AND PATTERN OF DISPOSITIONS ARE EXPECTED TO VARY ACCORDING TO THE POLICIES BEING PURSUED BY PROSECUTORS, EVALUATION OF PRETRIAL SCREENING SHOULD TAKE THOSE POLICIES INTO ACCOUNT. DISCOVERY, DIVERSION, AND PLEA BARGAINING ARE DISCUSSED AS STRATEGIES AVAILABLE TO THE PROSECUTOR, AND HOW HE USES THEM TO ATTAIN HIS POLICY OBJECTIVES IS EXPLORED. IN ADDITION, AN ASSESSMENT OF PRETRIAL SCREENING PROGRAMS, BASED ON THE LITERATURE, 18 ON-SITE VISITS, AND THE SUBJECT MATTER KNOWLEDGE OF THE AUTHOR-RESEARCH IS PRESENTED. THE APPENDIX CONTAINS A TABULAR SUMMARY OF THE CHARACTERISTICS OF THE 18 PROSECUTOR'S OFFICES PARTICIPATING IN THIS EVALUATION STUDY. FOR OTHER PRETRIAL SCREENING PAPERS IN THIS SERIES, SEE NCJ-30003-05 AND NCJ-30007.