ROLE OF THE PROSECUTING ATTORNEY (FROM LEGISLATIVE ISSUES IN CRIME CONTROL, 1978, BY ELINID APOSTOLIK ET AL - SEE NCJ-54650)

• NCJ Number: 54653
• Author(s): H S RUTH
• Date Published: 1978
• Length: 6 pages
• Corporate Author: University of Georgia
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

WAYS IN WHICH PROSECUTORS CAN DEAL WITH SERIOUS CRIMINALS ARE EXAMINED, INCLUDING PLEA BARGAINING, DISCOVERY, AND DEFERRED PROSECUTION.

Abstract

THE CASELOAD PROBLEM OF PROSECUTING ATTORNEYS IS A DIFFICULT ONE. PLEA BARGAINING CAN BE USED BY PROSECUTORS TO ELIMINATE LESS SERIOUS CASES AND TO ALLOW THEM TO CONCENTRATE ON SERIOUS OFFENDERS. JUDGES SHOULD NOT PARTICIPATE IN THE PLEA-BARGAINING PROCESS DUE TO THE SUBJECTIVE NATURE OF THE CRIMINAL JUSTICE SYSTEM RESULTING FROM DISCRETION. DISCOVERY SPEEDS THE DISPOSITION OF CASES THROUGH PLEA NEGOTIATION. IF DEFENSE ATTORNEYS ARE UNSURE OF PROSECUTION EVIDENCE, THEY WILL HESITATE TO ALLOW DEFENDANTS TO PLEAD GUILTY TO A SERIOUS CRIME. IF THEY ARE AWARE OF PROSECUTION EVIDENCE, HOWEVER, THEY ARE BETTER EQUIPPED TO ASSESS THE MERITS OF THEIR CASE. DEFERRED PROSECUTION, ALSO REFERRED TO AS DIVERSION, DELAYS PROSECUTION FOR A CERTAIN PERIOD IF FIRST OFFENDERS ARE CHARGED WITH MINOR OFFENSES AND IF IT IS UNLIKELY THAT THEY WILL COMMIT THE SAME OFFENSES AGAIN. CRIME RATES AND CRIME CONTROL IN THE STATE OF GEORGIA ARE DISCUSSED. (DEP)