PROSECUTOR'S CHARGING DECISION - A POLICY PERSPECTIVE

• NCJ Number: 35832
• Author(s): J E JACOBY
• Date Published: 1976
• Length: 64 pages
• Grant Number(s): 75-NI-99-0079
• Contract Number(s): J-LEAA-566-76
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Bureau of Social Science Research, Inc
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: PRESCRIPTIVE PACKAGE SERIES

Annotation

THE PURPOSE OF THIS PRESCRIPTIVE PACKAGE IS TO SENSITIZE PROSECUTORS TO THE EFFECT OF CHARGING DECISIONS AND THE REQUIREMENTS FOR UNIFORMITY AND CONSISTENCY IN DECISIONMAKING.

Abstract

IT EXAMINES THE CHARGING DECISION FROM A POLICY PERSPECTIVE AND SHOWS THAT INITIAL CHARGING DECISIONS HAVE A DIRECT IMPACT ON THE OPERATIONS OF THE OFFICE; THAT CHARGING DECISIONS ARE MADE WITH REFERENCE TO OFFICE POLICY; AND THAT OFFICE POLICY PROFOUNDLY AFFECTS THE WAYS IN WHICH CASES ARE DISPOSED. FOUR POLICY TYPES (IDENTIFIED THROUGH SITE VISITS IN THE COURSE OF THE NATIONAL EVALUATION PROGRAM PHASE ONE STUDY OF PRETRIAL SCREENING) ARE EXAMINED PRIMARILY TO SHOW HOW THE USE OF SUCH STRATEGIES AS DIVERSION, DISCOVERY, AND PLEA BARGAINING DIFFER ACCORDING TO THE SPECIFIC POLICY FOLLOWED AND HOW RESOURCES IN THE OFFICE CAN BE RATIONALLY DISTRIBUTED. THESE POLICIES ARE AS FOLLOWS: LEGAL SUFFICIENCY, TO ACCEPT THE CASE IF THE ELEMENTS ARE PRESENT AND THEN DISPOSE OF IT QUICKLY TO REDUCE WORKLOAD; THE SYSTEM EFFICIENCY, TO SPEED UP THE SYSTEM BY REDUCING COURT BACKLOG THROUGH SCREENING, DIVERSION AND EARLY DISPOSITIONS; THE DEFENDANT REHABILITATION, TO MINIMIZE THE DEFENDANTS PROCESSED THROUGH THE CRIMINAL JUSTICE SYSTEM; AND THE TRIAL SUFFICIENCY, TO SEEK CONVICTION IF THE CASE IS ACCEPTED. THIS STUDY CONCLUDES THAT SINCE CASE DISPOSITION PATTERNS VARY BECAUSE OF POLICY, A PROSECUTOR'S PERFORMANCE CAN NOT BE JUDGED BY ONE MEASURE ALONE (SUCH AS DISMISSED RATE, CONVICTION RATE, OR COMPARISON TO OTHER PROSECUTOR'S OFFICES). INSTEAD, IT SUGGESTS THAT THE PROSECUTOR SHOULD BE EVALUATED BY HOW CLOSELY CASE DISPOSITIONS APPROXIMATE THE GOALS OF HIS POLICY AND HOW WELL THE MANAGEMENT AND OPERATING PROCEDURES ARE DEVELOPED TO ASSIST IN CARRYING OUT THE PROSECUTOR'S POLICY. USE OF A DECISION FLOW CHART TO VISUALLY DEFINE ALL CRITICAL DECISION POINTS AND CONTROLS ESTABLISHED ABOUT EACH ONE OF THEM IS RECOMMENDED AS A MEANS OF ENSURING THE INTERNAL CONSISTENCY OF ALL PRETRIAL SCREENING DECISIONS WITHIN THE SAME PROSECUTOR'S OFFICE. A SUBJECT INDEX AND BIBLIOGRAPHY ARE INCLUDED. THIS PRESCRIPTIVE PACKAGE IS DESIGNED FOR THE PROSECUTOR IN HIS ROLE AS CHIEF POLICY MAKER IN THE OFFICE AND FOR THE RECIPIENTS OF HIS DELEGATED AUTHORITY. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)