THESE ARE THE CASES THAT TRY THEMSELVES

• NCJ Number: 56813
• Author(s): E A STANKO
• Date Published: 1977
• Length: 149 pages
• Publication Format: Document
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: CITY UNIVERSITY OF NEW YORK - DOCTORAL DISSERTATION

Annotation

INSTANCES OF PROSECUTORIAL DISCRETION IN THE COURSE OF SCREENING FELONY ARREST CHARGES AT THE INITIAL STAGE OF CRIMINAL COURT PROCESSING WERE OBSERVED IN THE DISTRICT ATTORNEY'S OFFICE OF A METROPOLITAN CITY.

Abstract

DURING 1975, OVER 100,000 ARRESTS WERE PROCESSED IN THE CITY'S CRIMINAL COURT. OF THOSE ARRESTS, OVER 31,000 WERE FOR FELONY OFFENSES. IT WAS OBSERVED THAT POLICE OFFICERS QUESTIONED THE COMPLAINANT (IF ANY) AND THE ARRESTED INDIVIDUAL. ONCE THE OFFICER CONSTRUCTED THE OFFENSE CATEGORY, IN CONSULTATION WITH THE DESK SERGEANT, AN ARREST REPORT WAS COMPLETED. THE INCIDENT THEN BECAME AN OFFENSE IN THE CONTEXT OF THE CRIMINAL JUSTICE PROCESS. AFTER COMPLETING THE ARREST REPORT, THE OFFICER PROCEEDED TO THE CRIMINAL COURT TO ARRAIGN THE ARRESTEE. EVERY FELONY CASE WAS SCRUTINIZED BY AN ASSISTANT DISTRICT ATTORNEY IN THE EARLY CASE ASSESSMENT BUREAU. INDIVIDUALS ACCUSED OF A FELONY OFFENSE MUST BE ARRAIGNED IN THE CRIMINAL COURT WITHIN 72 HOURS OF ARREST. THE ASSISTANT DISTRICT ATTORNEY PERFORMED TWO TASKS IN THE PROCESSING OF FELONY ARRESTS: (1) DRAWING THE FORMAL CHARGING INSTRUMENT (AFFIDAVIT) AGAINST THE ARRESTED INDIVIDUAL FOR FURTHER PROCESSING IN THE CRIMINAL COURT, AND (2) PREDICTING THE DISPOSITION OF THE ARREST AS A CRIMINAL CASE. PROSECUTORIAL DISCRETION IN THE SCREENING OF FELONY ARRESTS WAS TERMED CASE WORK BY THE OBSERVER. THE OBSERVER'S ACCOUNT OF CASE WORK WAS ETHNOGRAPHIC, DRAWING UPON INDIVIDUAL CASE DIALOGUES COLLECTED DURING ARREST SCREENING PROCEDURES AND INCLUDING INTERVIEWS WITH DISTRICT ATTORNEYS. OBSERVATIONS WERE RESTRICTED TO THE OFFENSES OF ROBBERY AND FELONIOUS ASSAULT. IT WAS FOUND THAT THE SCREENING OF ARREST CHARGES REFERS TO THE CHARACTER OF THE VICTIM AS WELL AS TO ACTIONS OF THE DEFENDANT. MANY CONFRONTATIONS BETWEEN PROSECUTORS AND POLICE OFFICERS WERE NOTED AS PART OF ORGANIZATION OF CASE WORK. IT IS CONCLUDED THAT THE IMPLICATIONS OF SUCH DISCRETION FOR THE LEGAL SECTOR SHOULD BE EXPLORED. A BIBLIOGRAPHY IS PROVIDED, AND CASE LAW IS CITED. (DEP)