NCJ Number
53740
Date Published
1977
Length
29 pages
Annotation
FOUR PROSECUTION POLICY MODELS ARE IDENTIFIED AND THEIR EFFECTS ON DISPOSITION RATES, ALLOCATION OF RESOURCES, USE OF VARIOUS PROSECUTIVE STRATEGIES, AND CASELOADS OF THE COURTS ARE EXAMINED.
Abstract
THE MODELS WERE IDENTIFIED THROUGH STUDY OF 19 PROSECUTOR'S OFFICES ACROSS THE UNITED STATES. IT WAS FOUND THAT THESE OFFICES FELL INTO ONE OF THE FOLLOWING FOUR PATTERNS OR A COMBINATION OF TWO PATTERNS. (1) THE LEGAL SUFFICIENCY POLICY PATTERN STIPULATES THAT IF THE ELEMENTS OF THE CASE ARE PRESENT, IT SHOULD BE PROSECUTED. SCREENING IS LIMITED TO THE ELIMINATION OF CASES WITH OBVIOUS DEFECTS. THIS POLICY, WHICH IS COMMON IN LOWER MISDEMEANOR COURTS, RESULTS IN CASE OVERLOADS, EXTENSIVE USE OF PLEA BARGAINING, AND LARGE NUMBERS OF DISMISSALS AND ACQUITTALS. (2) THE SYSTEM EFFICIENCY POLICY PATTERN AIMS TO ACHIEVE SPEEDY AND EARLY CASE DISPOSITION BY ANY MEANS POSSIBLE. THIS SYSTEM MAKES EXTENSIVE USE OF PLEA BARGAINING, REFERRALS TO OUTSIDE AGENCIES, AND DIVERSION PROGRAMS. (3) THE DEFENDANT REHABILITATION POLICY PATTERN RESEMBLES THE SYSTEM EFFICIENCY POLICY PATTERN, BUT STIPULATES THAT ANY COURSE OTHER THAN THE CRIMINAL JUSTICE SYSTEM IS PREFERABLE FOR A MAJORITY OF DEFENDANTS. EARLY DIVERSION IS A PRIMARY SYSTEM GOAL. (4) THE TRIAL SUFFICIENCY POLICY PATTERN IS LESS COMMON. A CASE IS ACCEPTED ONLY IF THE PROSECUTOR IS WILLING TO HAVE IT JUDGED ON ITS MERITS AND EXPECTS A CONVICTION. ONCE THE CHARGE IS SET, IT IS DIFFICULT TO CHANGE IT. TIGHT MANAGEMENT CONTROL IS EXERTED THROUGHOUT THE TRIAL PROCESS. A SERIES OF CHARTS PRESENTS THE EFFECTS OF THESE POLICIES ON DISPOSITION RATES, RESOURCES DEMANDED, AND PROSECUTION STRATEGIES. IT IS CONCLUDED THAT THE PUBLIC IS RARELY AWARE OF THESE STRATEGIES AND HAS LITTLE INPUT INTO THE PROSECUTORIAL PHILOSOPHY OF A JURISDICTION. FOOTNOTES ARE INCLUDED. (GLR)