AFTER THE ARREST - THE CHARGING DECISION IN PRAIRIE CITY (IL) (FROM INVISIBLE JUSTICE SYSTEM - DISCRETION AND THE LAW, 1978, BY BURTON ATKINS AND MARK POGREBIN - SEE NCJ-46813)

• NCJ Number: 46815
• Author(s): D NEUBAUER
• Date Published: 1978
• Length: 15 pages
• Corporate Author: Anderson Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM LAW AND SOCIETY REVIEW, V 8 (1974)

Annotation

AVENUES OF DISCRETION IN THE POSTARREST CHARGING PROCESS OF A MIDWESTERN CITY ARE UNDERSCORED.

Abstract

AN EXAMINATION IS UNDERTAKEN OF THE PARTICIPANTS IN THE CHARGING DECISION, THE STANDARDS USED TO EVALUATE CASES FOR POSSIBLE PROSECUTION, AND THE IMPACT OF THESE ARRANGEMENTS ON THE CRIMINAL JUSTICE SYSTEM. FIRST, THE SIGNIFICANT FEATURES OF THE CHARGING PROCESS ARE DESCRIBED, WITH SPECIAL ATTENTION TO THE EXCLUSION OF POLICE, VICTIM, AND JUDICIAL PARTICIPATION. IN PRAIRIE CITY, THE PROSECUTOR DOES NOT SOLICIT THE POLICE OPINION ON CASES, AND THE POLICE ARE LIMITED SOLEY TO PROVIDING REPORTS OF OFFENSES. THE LOCAL JUDGES DEFER TO THE DECISIONS MADE BY THE PROSECUTORS, AND THE LOCAL PROSECUTORS HAVE ADOPTED PROCEDURES WHICH INSULATE THEM FROM CONTACT WITH COMPLAINANTS. PRAIRIE CITY IS TREATED AS A DEVIANT CASE, AND A SET OF SUFFICIENT POLITICAL CONDITIONS ASSOCIATED WITH PROSECUTORIAL DOMINANCE OF THE CHARGING PROCESS IS ADVANCES. THE VIEWS OF THE PUBLIC, RELATIONSHIPS WITH THE POLICE, AND THE GOALS OF THE PROSECUTOR'S OFFICE ARE DISCUSSED. THE STANDARDS USED BY PROSECUTORS IN EVALUATING CASES ARE EXAMINED, WITH ATTENTION TO THE STANDARD OF THE PROSECUTABLE CASE, INFORMAL OFFICE POLICIES, AND THE RELATIVE ABSENCE OF DISCRETION. THE EFFECTS OF PROSECUTORIAL DISCRETION ARE EXAMINED; THE TYPES OF CASES THAT ARE PROSECUTED OR DEFERRED ARE ASSESSED, AS ARE THE EFFECTS OF PRECHARGE SCREENING OF CASES AT SUBSEQUENT STAGES OF THE CRIMINAL JUSTICE PROCESS. IT IS CONCLUDED THAT, AS A RESULT OF PROSECUTORIAL DOMINATION OF THE CHARGING PROCESS, SOME FELONY ARREST FOR INCIDENTS OF AGGRAVATED BATTERY AND THE LIKE RESULT IN MISDEMEANOR CHARGES; THE PROSECUTOR REFUSES TO FILE MANY SHERIFF DEPARTMENT ARRESTS; THE PROSECUTOR ALTERS SOME TYPES OF CASES MORE THAN OTHERS; THE REPLACEMENT OF THE JUSTICE OF THE PEACE/COMPLAINT SYSTEM WITH PROSECUTORIAL CONTROL HAS BEEN ASSOCIATED WITH A 30-PERCENT DECLINE IN MISDEMEANOR PROSECUTIONS; AND PRECHARGE SCREENING OF CASES RESULTS IN FEW DISMISSALS AT THE PRELIMINARY HEARING, BY THE GRAND JURY, OR DURING PLEA BARGAINING. NOTES AND REFERENCE SOURCES ARE PROVIDED. (KBL)