NCJ Number
69511
Date Published
1979
Length
399 pages
Annotation
A CONCEPTUAL MODEL FOR ANALYZING THE PROSECUTIVE DECISIONMAKING FUNCTION FROM A POLICY PERSPECTIVE IS PRESENTED; RESULTS OF MODEL APPLICATION TO THE STUDY OF 10 PROSECUTORS' OFFICES ARE INCLUDED.
Abstract
THE REPORT HAS BEEN DIVIDED INTO THREE PARTS. THE FIRST PART CONTAINS A GENERALIZED DISCUSSION OF POLICY AND POLICY ANALYSIS; THIS IS FOLLOWED BY A SPECIFIC EXAMINATION OF HOW POLICY RELATES TO PROSECUTORIAL DECISIONMAKING. A FRAMEWORK FOR ANALYSIS OF INDIVIDUAL PROSECUTOR'S OFFICES IS ALSO DEVELOPED. NEXT, CHARACTERISTICS OF AND PROCEDURES EMPLOYED IN THE 10 SITES STUDIED ARE PRESENTED. THE PROSECUTIVE FUNCTION IS TRACKED THROUGH A SERIES OF PROCESS STEPS INCLUDING INTAKE, ACCUSATORY, TRIALS, POSTCONVICTION, AND SPECIAL PROGRAMS. FACTORS THAT REQUIRE EXPLICATION TO MAKE REASONABLE INTERPRETATIONS OF THE FUNCTION AS IT OPERATES IN 10 LOCALES ARE NOTED. FINALLY, RESULTS OF THE STUDY AND CONCLUSIONS ARE PRESENTED. THIS LAST SECTION EVALUATES THE UTILITY OF A POLICY ANALYSIS APPROACH, DISCUSSES VARIOUS POLICIES AND PROSECUTORIAL STYLES, AND HIGHLIGHTS RULES AND PRINCIPLES DISCERNED REGARDING POLICIES. THESE PRINCIPLES ASSIST IN EXPLAINING SOME OF THE RELATIONSHIPS THAT EXIST WITHIN PROSECUTORS' OFFICES AS WELL AS AMONG OTHER COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM. IT IS CONCLUDED THAT THE CONTROL THE PROSECUTION EXERCISES OVER HIS ROLE IS A FUNCTION OF THE DEFINITION OF THE SCOPE OF PROSECUTION AND THE ROLE OF THE PROSECUTOR AS THE CHIEF POLICYMAKER, THE STYLES OF DECISIONMAKING ESTABLISHED FOR ALL PROCESS STEPS EXCEPT TRIALS, AND THE ABILITY OF THE OFFICE TO IMPLEMENT A CHARGING POLICY AND CONTROL THE INTAKE PROCESS. IT IS SUGGESTED THAT FUTURE RESEARCH FOCUS ON DETERMINING THE PREVALENCE OF PROSECUTORIAL STYLES IN THE UNITED STATES AND FACTORS AFFECTING PROSECUTORIAL DECISIONMAKING. FIGURES AND REFERENCE NOTES ARE INCLUDED. FOR AN EXECUTIVE SUMMARY OF THIS REPORT, SEE NCJ 69512. (AUTHOR ABSTRACT MODIFIED)