AMERICAN PROSECUTOR - A SEARCH FOR IDENTITY

• NCJ Number: 66499
• Author(s): J E JACOBY
• Date Published: 1980
• Length: 327 pages
• Grant Number(s): 76-NI-99-0128
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Lexington Books
• Sale Source: Lexington Books
• Language: English
• Country: United States of America

Annotation

WRITTEN FOR A GENERAL AUDIENCE, THIS BOOK TRACES THE DEVELOPMENT OF THE PROSECUTORIAL FUNCTION IN AMERICA FROM ITS ORIGINS TO ITS PRESENT FORM AS A HIGHLY DIVERSIFIED, DISCRETIONARY DECISIONMAKING OFFICE.

Abstract

THE STRUCTURE OF THE PRESENT AMERICAN SYSTEM, DRAWN MAINLY FROM LONG-ESTABLISHED MODELS (ENGLISH, SPANISH, FRENCH, AND DUTCH), GRADUALLY EVOLVED FROM COLONIAL TIMES TO REACH ITS PRESENT FORM. TODAY, THE AMERICAN PROSECUTOR IS UNIQUE; THERE IS NO EXACT COUNTERPART ELSEWHERE IN THE WORLD. FACTORS AFFECTING PROSECUTION INCLUDE LOCAL RESPONSIBILITY FOR IMPLEMENTING STATE LAWS WHICH IS OFTEN AT VARIANCE WITH EQUITABLY DISTRIBUTING PROSECUTION SERVICES AND FINANCIAL SUPPORT THROUGHOUT A STATE. THE EFFECT OF POPULATION SIZE AND DEMOGRAPHIC CHARACTERISTICS RAISES SEPARATE AND DISTINCT ISSUES FOR RURAL, URBAN, AND SUBURBAN PROSECUTORS. IN ADDITION, SEVERAL U.S. SUPREME COURT RULINGS EXTENDED THE DEFENDANT'S RIGHT TO COUNSEL TO PRACTICALLY ALL STATE AND LOCAL MISDEMEANOR PROSECUTIONS. THESE DECISIONS ASSURED THE PROSECUTOR'S INVOLVEMENT AT A NUMBER OF CRITICAL STAGES IN THE JUDICIAL PROCESS, ADDED TO THE PROSECUTOR'S WORKLOAD, AND SLOWLY OPENED UP THE PROSECUTION FUNCTION TO PUBLIC SCRUTINY. THE PROSECUTORIAL PROCESS CONSISTS OF SEVERAL STAGES: THE FIRST THE INTAKE PROCESS, INVOLVES THE AMOUNT OF INFORMATION MADE AVAILABLE TO THE PROSECUTOR (USUALLY BY THE POLICE) AND THE TIMING OF THE CHARGING DECISION. THE SECOND, THE ACCUSATORY STAGE, BEGINS WITH THE PROSECUTOR'S DECISION TO CHARGE AND ENDS WITH THE DEFENDANT'S ARRAIGNMENT. THE FINAL STAGE, CASE DISPOSITION, INCLUDES CASE REVIEW, EVALUATION, ASSIGNMENT, TRIAL PREPARATION, COURT APPEARANCES, AND SOMETIMES POSTCONVICTION ACTIVITIES. THREE CASE STUDIES OF PROSECUTORS' OFFICES PROVIDE A CONTEXT FOR EVALUATING INTERNAL AND EXTERNAL CONSTRAINTS, CAUSES AND EFFECTS OF PROSECUTORIAL DIVERSITY, AND THEIR SUBSEQUENT EFFECT ON THE CHARACTER AND NATURE OF LOCAL LAW. THE BOOK INCLUDES ANNOTATED CHAPTERS, A TABLE OF CASES, TABLES, AND NAME AND SUBJECT INDEXES. (PRG)