NCJ Number
11015
Date Published
1972
Length
80 pages
Annotation
ALTERNATIVES TO THE CRIMINAL PROCESS, FOCUSING ON THE PROSECUTOR'S DISCRETIONARY DECISION TO CHARGE.
Abstract
SCREENING, IN A BROAD SENSE, MEANS ANY REMOVAL OF A PERSON FROM THE CRIMINAL JUSTICE SYSTEM. THIS MATERIAL IS DESIGNED TO AID PROSECUTORS WHO MUST MAKE THE DETERMINATIONS TO CHARGE AN OFFENDER OR TO USE AN ALTERNATIVE METHOD. PART ONE DEALS WITH THE ROLE AND FUNCTION OF THE PROSECUTOR, DETAILING POLICY CONSIDERATIONS AND PRACTICES, AS WELL AS CONSTITUTIONAL AND LEGAL CONSIDERATIONS FOR BOTH FEDERAL AND STATE PROSECUTORS. MICHIGAN LAW REGARDING PROSECUTORIAL DISCRETION IN THE CHARGING FUNCTION IS USED AS AN EXAMPLE OF THE KINDS OF STATUTORY GUIDANCE PROVIDED. IT ALLOWS FOR EXAMPLE, BOTH DEFERRED PROSECUTION AND PRE-PROSECUTION PROBATION FOR CERTAIN ALLEGED OFFENDERS IN LIEU OF THE TRADITIONAL ROUTE OF FORMAL CRIMINAL PROSECUTION. A MODEL CITIZEN VOLUNTEER PROGRAM CURRENTLY IN OPERATION IN GENESSEE COUNTY, MICHIGAN IS REVIEWED. PART TWO PRESENTS AN OVERVIEW OF PRESENT SCREENING PROCEDURES AND PROVIDES DETAILED RECOMMENDATIONS FOR IMPROVEMENT. IT IS SUGGESTED THAT ANY NEW METHOD OF SCREENING SHOULD HAVE AT ITS ROOT THE ELIMINATION OF ALL UNNECESSARY, WASTEFUL, AND INEFFECTIVE STEPS IN THE CRIMINAL JUSTICE PROCESS. ADDITIONALLY, THE DECISION OF WHETHER TO INSTITUTE A CRIMINAL PROCEEDING SHOULD BE SOLELY WITHIN THE DISCRETION OF THE DISTRICT ATTORNEY. IT IS ALSO RECOMMENDED THAT SCREENING SHOULD TAKE PLACE AS CLOSE TO THE TIME OF ARREST AS POSSIBLE. OTHER GUIDELINES CONCERN PRELIMINARY HEARINGS AND THE ISSUANCE OF WARRANTS. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)