RESEARCH ON PROSECUTORIAL DECISIONMAKING, PHASE 1 - FINAL REPORT

• NCJ Number: 69513
• Author(s): J E JACOBY; E C RATLEDGE; S H TURNER
• Date Published: 1979
• Length: 178 pages
• Grant Number(s): 78-NI-AX-0006
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Bureau of Social Science Research, Inc
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

PRELIMINARY FINDINGS AND RESULTS OBTAINED FROM ADMINISTERING A STANDARD SET OF CASES IN FOUR PROSECUTORS' OFFICES ARE PRESENTED IN THIS REPORT.

Abstract

THE GENERAL PURPOSE OF THIS RESEARCH AND DEVELOPMENT ACTIVITY WAS TO DEVELOP STATISTICAL CONCEPTS AND TOOLS THAT COULD BE USED TO EXPRESS THE EXTENT OF UNIFORMITY AND CONSISTENCY IN THE PROSECUTOR'S DECISIONMAKING FUNCTION IN QUANTITATIVE TERMS AND TO SET A BASE FOR COMPARATIVE STUDIES. TWO TEST INSTRUMENTS WERE DEVELOPED: (1) A STANDARD CASE SET OF 160 CRIMINAL CASES OF VARYING TYPE AND SERIOUSNESS WHICH ARE PRESENTED IN A 'STATEMENT OF FACT' FORMAT; (2) A CASE EVALUATION FORM WHICH COLLECTS INFORMATION ABOUT EACH CASE'S PRIORITY FOR PROSECUTION, ACCEPTANCE FOR PROSECUTION, AND EXPECTED DISPOSTIONAL INFORMATION. THIS REPORT IS DIVIDED INTO THREE PARTS: THE FIRST DISPLAYS AND COMMENTS ON THE RESPONSES TO THE EVALUATION OF THE CASES; IT NOTES THE DEGREE OF THE EVALUATION'S EXPLANATORY POWER, ITS SENSITIVITY IN DESCRIBING AN OFFICE'S POLICY AND PROCEDURES, AND THE EXTENT TO WHICH IT HAS COMPARATIVE ANALYSIS POWER. THE SECOND PART EXAMINES THE USE OF THE STANDARD CASE SET TO MEASURE THE AMOUNT OF CONSISTENCY THAT EXISTS BETWEEN ASSISTANTS AND THE PROSECUTOR, THE AMOUNT OF UNIFORMITY THAT EXISTS INTERNALLY AMONG ASSISTANTS, AND THE EXTENT TO WHICH THE CONSISTENCY IS CHANGED WHEN THE POLICY LEADER IN ONE OFFICE IS TRANSFERRED TO ANOTHER. THE THIRD PART EXAMINES AND NOTES THOSE VARIABLES OBTAINED FROM THE TESTING THAT HAVE STRONG EXPLANATIORY POWER WITH RESPECT TO THE OTHERS. THE IMPLICATIONS OF THESE RELATIONSHIPS FOR PLANNING AND PREDICTION PURPOSES ARE PRESENTED. THE REPORT FOCUSES EXCLUSIVELY ON A DISCUSSION, ANALYSIS, AND INTERPRETATION OF THE DEPENDENT VARIABLES. FURTHER ANALYSIS OF THE INDEPENDENT VARIABLES WILL BE FORTHCOMING IN OTHER REPORTS. THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FUNDED THIS RESEARCH. INCLUDED ARE TABLES, CHARTS, GRAPHS, AND APPENDIXES CONTAINING A SAMPLE OF CASES AND THE EVALUATION FORM, A COMPARISON OF STANDARD DEVIATIONS ASSOCIATED WITH CASES BY RESPONSES AND SITE, AND INFORMATION ON DATA PROCESSING TECHNIQUES AND A SERIOUSNESS SCALE. (AUTHOR ABSTRACT MODIFIED.)