NCJ Number
63986
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 62 Issue: 3 Dated: (JUNE 1979) Pages: 129-139
Date Published
1979
Length
11 pages
Annotation
THE INFLUENCE OF ADMINISTRATIVE FACTORS ON THE PROSECUTOR'S DECISION TO PROSECUTE AN OFFENDER IS EXAMINED IN THE CONTEXT OF WEST GERMANY.
Abstract
THE LABELING APPROACH TO CRIMINOLOGY EXPLORES HOW THE ORGANS OF SOCIAL CONTROL DISCRIMINATE AGAINST PARTICULAR OFFENDERS BECAUSE OF SOCIAL FACTORS. IT IS ARGUED, HOWEVER, THAT THE PROSECUTOR'S DECISION TO PROSECUTE A CASE ARE RARELY BASED ON AN OFFENDER'S CLASS, RACE, OR AGE BUT RATHER ON ADMINISTRATIVE CONSIDERATIONS. THE PROSECUTOR IS OBLIGED BY LAW TO INVESTIGATE ALL CASES REPORTED TO HIM BY THE POLICE AND TO PROSECUTE IF A CONDEMNATION IS LIKELY TO ENSUE. FACED WITH AN EXCESSIVE CASELOAD, THE PROSECUTOR MAKES HIS DECISIONS SWIFTLY AND ROUTINELY FROM THE POLICE FILES WITHOUT EVER SEEING THE OFFENDER. IN ORDER TO SAVE TIME IN THE PRELIMINARY INVESTIGATION, FOR EXAMPLE, PROSECUTORS USUALLY ABANDON CASES IN WHICH THE EVIDENCE IS WEAK AND A CONDEMNATION UNLIKELY. INSTEAD, THEY TEND TO TAKE UP CASES IN WHICH THE OFFENDER HAS ALREADY PLEADED GUILTY. IN ADDITION, PROSECUTORS OFTEN CHOOSE A TRIAL SOLUTION SINCE MILDER ALTERNATIVE SOLUTIONS REQUIRE THEM TO MAKE GREATER ADMINISTRATIVE EXERTIONS. IN CONCLUSION, THE LABELING APPROACH BASED ON OFFENDER CHARACTERISTICS DOES NOT DESCRIBE ADEQUATELY THE PROSECUTORS' SELECTION. A PROBLEM STILL EXISTS, HOWEVER, IN THAT SOME GROUPS OF THE POPULATION (LOWER CLASS, SOME MINORITIES) HAVE A FAR HIGHER RATE OF PROSECUTION THAN OTHERS. IT IS ARGUED THAT ADMINISTRATIVE PROCEDURES ARE RESPONSIBLE FOR A DIFFERENT TYPE OF 'LABELING.' THUS, A BLACK MAN IS MORE LIKELY TO BE PROSECUTED NOT BECAUSE HE IS BLACK OR COMES FROM A DISADVANTAGED NEIGHBORHOOD, BUT RATHER BECAUSE HE OFFERS LEAST RESISTANCE TO THE PROSECUTOR. AN OFFENDER WHO THREATENS TO MAKE PROSECUTION DIFFICULT-E.G., BY HIRING A DEFENSE ATTORNEY DURING THE PRELIMINARY INVESTIGATION--IS LESS LIKELY TO BE PROSECUTED THAN A MORE COOPERATIVE OFFENDER. THE ARTICLE CONTAINS A BIBLIOGRAPHY. --IN GERMAN. (SAJ)