NCJ Number
79214
Date Published
1980
Length
24 pages
Annotation
Findings are reported from research in progress involving a quantitative analysis of the factors affecting prosecutorial decisionmaking.
Abstract
Specific objectives of the research are (1) to determine the variables which have impact on the prosecutorial decisions made in four offices, (2) to measure the relative weight that each variable has on any given decision, (3) to analyze the factors and weights for variation among a set of four offices, and (4) to evaluate whether the coefficients and the general shape of the equations fit with on-site observations about the types of policies operating in those offices. A set of 30 cases was formed and combined with criminal history records for the defendants (drawn from actual files). Of the 30 cases administered at the 4 sites, 29 were identical. Within each office, the majority of attorneys evaluated the cases with respect to these major dispositional decision points: accepting or rejecting the case, disposing of the case by a plea, disposing of the case by trial, disposing of the case by a reduced charge, and incarcerating the defendant. Analysis shows that the variables affecting prosecutorial decisionmaking can be grouped into three areas: the seriousness of the offense, the criminal history of the defendant, and the legal and evidentiary strength of the case. For the most part, evidence has its greatest impact in the early decisions, with the exception of the probability of incarceration. Overall, there is a similarity in the weights assigned to the independent variables in diverse offices. The work now in progress will show whether these results can stand the test of replication. Tabular data are provided.