NCJ Number
108477
Date Published
1987
Length
0 pages
Annotation
Panelists discuss the nature and dynamics of prosecutorial discretion in deciding on charging as well as guidelines for the use of such discretion.
Abstract
Michael Bradbury, the district attorney of Ventura County, Calif., identifies factors bearing on the prosecutor's use of discretion in charging, notably the evidence available, charge selection, and police attitudes toward the case. Bradbury notes prosecutors' tendency to overcharge with a view toward plea bargaining to a lesser charge in exchange for a guilty plea to avoid trial. Judges tend to go along with this practice to speed case processing. Bradbury views prosecutorial overcharging as an abuse of discretion, since it approaches a judicial role rather than an advocacy role. He favors the development of formalized charging policies that are made public. William MacDonald notes the need to develop a jurisprudence of charging. In reviewing various commission recommendations for charging criteria, MacDonald discusses charging based on evidence sufficient to establish probable cause to believe the defendant committed the crime and evidence sufficient to believe, beyond a reasonable doubt, that the defendant committed the offense. MacDonald argues against overcharging with a view toward plea bargaining, favoring bringing charges based on evidence that a particular crime has been committed. This approach requires police to have solid and sufficient evidence in the case. Audience questions are included on the tape.