Competing Theories of Case Processing in the Criminal Justice System - An Empirical Assessment (From Political Science of Criminal Justice, P 135-149, 1983, Stuart Nagel et al, ed. - See NCJ-87705)

• NCJ Number: 87712
• Author(s): Anonymous
• Date Published: 1983
• Length: 15 pages
• Grant Number(s): 79-NI-AX-0084
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Sale Source: Charles C. Thomas
• Language: English
• Country: United States of America

Annotation

This assessment of models of case processing reinforces Einstein and Jacob's (1977) observation that the structure and context of case processing influence decisions about disposition and case outcome.

Abstract

The microeconomic model of case processing focuses on the criteria processors consider in deciding whether to negotiate or go to trial. Under this model, prosecutors and defense attorneys are considered rational actors who maximize their utilities within resource constraints, choosing strategies based upon the probability of conviction at trial, the severity of the crime, the availability and productivity of respective resources, trial versus settlement costs, and participants' attitude toward risk. This suggestion of a coherent set of case and defendant characteristics that determines choice of disposition mode and case outcome does not explicitly consider whether these characteristics will be the same across jurisdictions. The organizational model of case processing emphasizes the context and structure within which processing decisions occur. This model suggests that the organization of the disposition process and the political environment of the courthouse shape the goals of the prosecutor, defense attorney, and judge. The relative utility of these models were assessed by reanalyzing the 1972 data from Einstein and Jacob's three-jurisdiction study as well as the Georgetown University Law Center's 1977 six-jurisdiction project. Case file data from each jurisdiction were analyzed to assess the microeconomic model of case processing. Very little stability was found across jurisdictions in the composition of independent variables predicting dispositional choice and case outcome. To assess the organizational model, the study examined how the jurisdictions varied in the structural factors of external influence, internal control, processor orientation, case assignment, and workgroup consensus. Findings show a relationship between organizational characteristics and case processing; however, the model's explanatory power is not sufficient to stop the search for a more powerful model, notably one that combines characteristics of the two models. Suggestions for future case processing research are offered. Tabular data and 33 references are provided.