NCJ Number
16760
Journal
Southern California Law Review Volume: 42 Dated: (1969) Pages: 519-545
Date Published
1969
Length
27 pages
Annotation
DISCUSSION AND TENTATIVE EVALUATION OF THE TWO TYPES OF PROSECUTORIAL DISCRETION - THE POWER TO ABSTAIN FROM PROSECUTION AND THE POWER TO SELECTIVELY PROSECUTE.
Abstract
A BRIEF DESCRIPTION OF THE COMPLAINT PROCEDURE IS PRESENTED USING THE OPERATION OF THE DOWNTOWN OFFICE OF THE LOS ANGELES COUNTY DISTRICT ATTORNEY AS A MODEL. RESPONSES TO A QUESTIONNAIRE DISTRIBUTED TO COMPLAINT DEPUTIES ON HOW THEY DETERMINE THE LEGAL SUFFICIENCY OF A COMPLAINT ARE DISCUSSED. FACTORS SUCH AS TYPE OF CRIME, LIKELIHOOD OF SUCCESSFUL PROSECUTION, PERSONAL CHARACTERISTICS OF THE SUSPECT AND/OR VICTIM, AND PUBLIC REACTION ARE SOME OF THE CONSIDERATIONS STUDIED. POSSIBLE GROUNDS FOR REFUSING TO FILE A COMPLAINT ARE ALSO LISTED. IN ADDITION, THE CAUSES OF PROSECUTORIAL DISCRETION, SUCH AS LEGISLATIVE OVER-GENERALIZATION IN WRITING LAWS AND CRIMINAL LAW AMBIGUITY ARE EXAMINED. THE QUESTION OF EQUAL PROTECTION UNDER THE LAW IN LIGHT OF PROSECUTORIAL DISCRETION AS TO WHETHER OR NOT A CRIMINAL COMPLAINT IS ISSUED IS ALSO DISCUSSED. THE AUTHOR POINTS OUT THAT STATE AND LOWER FEDERAL COURTS HAVE AGREED THAT THE EQUAL PROTECTION CLAUSE ONLY PROHIBITS, INTENTIONAL OR PURPOSEFUL DISCRIMINATION. SPECIFIC TECHNIQUES FOR MAXIMIZING THE ADVANTAGES OF DISCRETION AND MINIMIZING ITS ABUSE ARE PROPOSED. THESE INCLUDE THE DEVELOPMENT OF UNIFORM PROSECUTORIAL AND UNIFORM ISSUANCE POLICIES.