NCJ Number
88203
Date Published
1982
Length
175 pages
Annotation
The police prosecutor (i.e., 'prosecutor fiscal') in Scotland does not take an active role in investigating crime or use legal expertise in deciding whether to prosecute, but has the greatest impact on the justice system in plea negotiations.
Abstract
The book describes the features of different prosecutorial systems, as well as the history of the fiscal service. In the marking stage, the fiscal examines reports concerning alleged offenses and decides whether to prosecute, on what charges, and in which court. The authors consider decisionmaking patterns and factors limiting the fiscal's freedom of action. They point out the overwhelming tendency to prosecute in the Scottish system and explore alternatives to prosecution and diversionary schemes. Subsequent chapters deal with the fiscal's selection of appropriate procedures and courts where choices are available, especially their assessments of district courts that use lay judges. Following a review of trial avoidance in the United States and Britain, the book details plea negotiation in Scotland and its perceived benefits for the prosecution, defense, and accused persons. Fiscals' discretion not to prosecute is restricted, but they are remarkably free to arrange with the defense to accept guilty pleas, thus ensuring conviction but avoiding trial. An analysis of statistical data gathered from all fiscal offices over a 6-day period in fall 1977 is appended. The book provides tables, approximately 100 references, and an index. (Author summary modified)