NCJ Number
13175
Date Published
1972
Length
146 pages
Annotation
DISCUSSION OF THE BRITISH SYSTEM OF PROSECUTION, THE EXERCISE OF DISCRETION WITHIN THAT SYSTEM, AND THE FACTORS CONSIDERED IN THE DECISION TO PROSECUTE.
Abstract
THE METHOD OF PROSECUTION IN ENGLAND, PRIMARILY BY THE POLICE, IS COMPARED TO THE AMERICAN AND CONTINENTAL SYSTEMS. FROM THIS STARTING POINT, THE AUTHOR REVIEWS THE SELDOM USED DOCTRINE OF PRIVATE PROSECUTION AND THE NUMEROUS FACTORS OR SITUATIONS THAT WARRANT NO PROSECUTION OR SPECIAL CONSIDERATION. SOME OF THESE FACTORS INCLUDE POLITICAL CONSIDERATIONS, LAWS THAT ARE OBSOLETE, CONTROVERSIAL, UNPOPULAR, OR TECHNICAL VIOLATIONS THAT MAY NOT REFLECT THE LEGISLATIVE PURPOSE OF THE STATUTE. HE DISCUSSES PROSECUTION OF THE AGED OR INFIRM, ADMINISTRATIVE PROBLEMS, AND ALTERNATIVES TO PROSECUTION. THE STUDY EXAMINES THOSE CONTROLS ON DISCRETION THAT HAVE BEEN SUGGESTED OR ATTEMPTED, SUCH AS JUDICIAL CONTROL, LEGISLATIVE SUPERVISION, PUBLIC PRESSURE, TRAINING AND SUPERVISION. APPENDED ARE A LIST OF REASONS FOR NOT PROSECUTING, AND A BIBLIOGRAPHY.