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Prosecutorial Selectivity - A View of Current Practices (From Dealing With Dangerous Offenders, Volume 2, 1983, by Daniel McGillis et al - See NCJ-92277)

NCJ Number
92286
Author(s)
F Feeney
Date Published
1983
Length
38 pages
Annotation
This paper examines the extent to which prosecutors currently focus on dangerous offenders, whether they could do more in this area, and if so, what changes would be required in current operating procedures and capabilities.
Abstract
Generally, prosecutors do not consider 'dangerousness' in deciding whether particular offenders should be charged, but they do take it into account in deciding on the kinds of charges brought, the stance to be taken in plea bargaining, and the nature of bail and sentence recommendations. Prosecutors could give more attention to 'dangerous' offenders so as to convict a larger number. The type of focus likely to have the greatest impact would involve the mobilization of the police to gather more evidence and build better cases where dangerous offenders are involved. Specific steps which prosecutors might take include building 'dangerousness' into their charging criteria, reorienting career criminal prosecution units, developing better prior record information at the time of charging, developing better relationships with the police in case investigation, using victim-witness programs against 'dangerous' offenders, and altering internal measures of performance which are not now focused on 'dangerous' offenders. Constraints on any major prosecutorial effort to achieve this kind of focus include the diversity of current prosecutorial and criminal justice systems, a perception by some prosecutors that they are already maximally concentrating on 'dangerous' offenders, uncertainty as to how many 'dangerous' offenders there are, and major budget problems facing State and local governments. Intensified concentration on 'dangerous' offenders could best be achieved through the development of openly stated policies with fixed criteria. Relevant tabular data from a Florida and a California city are provided, along with 31 references. (Author summary modified)