NCJ Number
47063
Journal
Criminal Law Bulletin Volume: 14 Issue: 3 Dated: (MAY-JUNE 1978) Pages: 239-242
Date Published
1978
Length
4 pages
Annotation
IMPLICATIONS OF THE DEFENSE COUNSEL'S USE OF INFORMATION ON POLICE CONVICTION RATES AVAILABLE FROM A PROSECUTOR'S MANAGEMENT INFORMATION SYSTEM (PROMIS) ARE CONSIDERED IN REFERENCE TO AN ANALYSIS OF THE WASHINGTON, D.C. SYSTEM.
Abstract
THE FIRST PROMIS, CREATED IN THE DISTRICT OF COLUMBIA IN 1971, STORES UP TO 170 FACTS ON EACH CRIMINAL CASE PROCESSED BY PROSECUTORS. THE SYSTEM INCLUDES THE ARRESTING OFFICER'S NAME AND BADGE NUMBER. THE STUDY CONSIDERED EXAMINES THE 17,534 ARRESTS PRESENTED TO THE PROSECUTOR IN THE DISTRICT OF COLUMBIA IN 1974. CONSISTENT WITH FINDINGS FROM OTHER STUDIES, IT FOUND THAT OVER HALF OF THE ARRESTS WERE REJECTED BY THE PROSECUTORS AT EITHER THE INITIAL SCREENING OR BY A SUBSEQUENT NOLLE PROSEQUI. ONLY 29 PERCENT EVENTUALLY RESULTED IN CONVICTION. THE STUDY FOUND A WIDE VARIATION AMONG OFFICERS IN THE RATES OF CONVICTIONS RESULTING FROM THEIR ARRESTS, AND IT IS INDICATED THAT THE CONVICTION RATE DECLINED WITH THE NUMBER OF ARRESTS MADE BY EACH OFFICER. AN OFFICER'S NUMBER OF YEARS ON THE FORCE PROVED TO BE THE BEST PREDICTOR OF A HIGH CONVICTION RATE, REGARDLESS OF THE PATROL DISTRICTS AND INVESTIGATIVE UNITS INVOLVED. BOTH THE REASONS FOR DISMISSING CASES AND THE HIGH RATE OF DISMISSALS EXPERIENCE BY CERTAIN OFFICERS ARE BELIEVED TO SUGGEST STEPS THAT DEFENSE COUNSEL CAN TAKE TO REDRESS THE INFORMATION IMBALANCE BETWEEN PROSECUTION AND DEFENSE. THE MOST OBVIOUS USE OF PROMIS BY DEFENSE COUNSEL WOULD BE DETERMINING THE LIKELIHOOD OF IMPEACHING TESTIMONY OF A PARTICULAR TESTIFYING OFFICER. IF THE OFFICER'S PROSECUTION RECORD WERE BAD ENOUGH, THE BALANCE OF POWER IN PLEA NEGOTIATIONS COULD BE SUBSTANTIALLY ALTERED. (RCB)