NCJ Number
27625
Journal
UCLA Law Review Volume: 19 Issue: 1 Dated: (1971) Pages: 1-58
Date Published
1971
Length
58 pages
Annotation
THIS ARTICLE EXPLORES THE USE OF INTERNAL POLICY GUIDES TO HELP STRIKE AN ACCEPTABLE BALANCE BETWEEN CONSISTENCY AND FLEXIBILITY, EQUAL TREATMENT AND ADAPTABILITY IN PROSECUTORIAL DECISION-MAKING.
Abstract
THE AUTHOR DISCUSSES THE IMPORTANCE OF CONSISTENCY AND REVIEWS THE PRESENT STATE OF THE ART OF DEVELOPING INTERNAL POLICY GUIDES. METHODS OF POLICY FORMULATION AND ITS SCOPE ARE ANALYZED. OF THE TWO PRINCIPAL APPROACHES TO POLICY FORMULATION, THE QUASI-LEGISLATIVE APPROACH IN PROMULGATING GENERAL RULES, GUIDELINES, POLICY STATEMENTS, ETC. IS CONSIDERED MORE DESIRABLE AND CAPABLE OF MAINTAINING THE PROPER AMOUNT OF CONSISTENCY THAN THE AD-HOC, QUASI-JUDICIAL APPROACH OF DEVELOPING POLICY IN THE CONTEXT OF PARTICULAR FACTUAL SITUATIONS. THE ARTICLE ALSO CONSIDERS CLASSIFICATION OF POLICIES AS NONPROSECUTION, COMPLETE ENFORCEMENT, AND INTERMEDIATE OR SELECTIVE PROSECUTION. ARGUMENTS FOR AND AGAINST PUBLICATION OF INTERNAL POLICIES ARE EXAMINED IN DETAIL WITH ABRAMS CONCLUDING THAT PUBLICATION OF POLICY IS DESIRABLE AND THAT THE BURDEN OF SHOWING A NEED FOR NONPUBLICATION SHOULD FALL ON THOSE OPPOSED. FINALLY, THE ARTICLE DISCUSSES LITIGATION OF POLICY AND DISCRETIONARY DECISIONS. ABRAMS CONCLUDES THAT IT IS BOTH FEASIBLE AND DESIRABLE TO DEVELOP COMPREHENSIVE AND DETAILED POLICY STATEMENTS GOVERNING THE EXERCISE OF PROSECUTORIAL DECISION-MAKING AND THAT SIGNIFICANT PROSECUTORIAL RESOURCES SHOULD BE ALLOTTED FOR THE TASK OF DEVELOPING SUCH POLICY.