NCJ Number
70452
Date Published
1977
Length
288 pages
Annotation
A 1973 survey of 88 county prosecutors and 182 common pleas judges in Ohio evaluated their attitudes and performance vis-a-vis grand juries, testing prosecutorial control and comparing time taken to process a criminal accusation by indictment or information.
Abstract
Based upon the responses of 67 percent of the prosecutors and 58 of the judges, the following six hypotheses were tested. Four hypotheses deal with prosecutorial control: (1) in those counties where the prosecutors attempt to exert control, the ratio of no bills handed down to the total number of cases disposed by the court will be smaller than in those counties where prosecutors do not attempt to exert control; (2) the longer prosecuting attorneys have been in office the more control they exert over the grand jury, and (3) the amount of time which the prosecutors spend preparing and presenting cases to the grand jury is related to the control they exert over grand juries, and (4) the attitude which the prosecutor has toward the grand jury is related to the amount of control he attempts to exert over the grand jury. Two other hypotheses deal with a comparison between the time taken to process a criminal accusation by indictment or information. The examination of the contingency tables and the values of the gamma measure demonstrates that there is no relationship between the variables in the first four hypotheses. The analysis of the final two hypotheses showed that there is a significant difference in the time taken for indictments and informations only when the presentation and grand jury deliberation times are taken into account. The study found that prosecutors in Ohio do not demonstrate high levels of control; that both judges and prosecutors have a favorable attitude toward the system; that the lack of relationship between the number of no bills and control contrasts with critics' belief that there is a relationship; that the lack of relationship between tenure, attitude, and time with control suggests that other factors must account for whether control is exerted or not; and that the grand jury process takes longer in Ohio supports such a contention by critics. Some other matters covered include a review of the history of grand juries, the laws governing grand juries in Ohio, and a discussion about reform legislation introduced into Congress in 1975 and 1976. Chapter footnotes are provided. Over 190 references, tabular data, survey instruments, and survey responses are appended. (Author abstract modified).