PRETRIAL INTERVENTION - THE ADMINISTRATION OF DISCRETION

• NCJ Number: 34676
• Author(s): P H JOHNSON
• Date Published: 1976
• Length: 40 pages
• Corporate Author: Sam Houston State University
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: CRIMINAL JUSTICE MONOGRAPH, V 7, N 1

Annotation

THIS STUDY EXAMINES THE EXERCISE OF THE PROSECUTOR'S DISCRETIONARY DECISION-MAKING WITHIN THE CONTEXT OF STRUCTURED PRETRIAL INTERVENTION PROGRAMS.

Abstract

SPECIAL ATTENTION IS FOCUSED ON THE STRUCTURE AND ADMINISTRATIVE RELATIONSHIPS WITHIN WHICH THE PRETRIAL DIVERSION CONCEPT OPERATES, AND THE DECISION POINTS WHICH AFFECT THE DISPOSITION OF A PROGRAM PARTICIPANT. THIS STUDY TRACES THE PHENOMENON OF PROSECUTORIAL DISCRETION FROM ITS HISTORICAL BACKGROUND AND LEGAL JUSTIFICATION AS THE NECESSARY ANTECEDENT FOR PRETRIAL INTERVENTION. ADMINISTRATIVE DECISION-MAKING MODELS AND PROCEDURES IN DEFENDANT DISPOSITION ARE THEN IDENTIFIED FROM CURRENT PROGRAMS BASED ON SYSTEM PENETRATION. IN ADDITION, THE BENEFITS, LIABILITIES, AND PROBABLE DIRECTION OF PRETRIAL INTERVENTION PROGRAMS AS A VIABLE ALTERNATIVE TO TRADITIONAL PROCESSING ARE EVALUATED. IT IS SHOWN THAT PRETRIAL INTERVENTION PROGRAMS OPERATE AS AN ALTERNATIVE TO FORMAL PROCESSING FOR THE PROSECUTORS AND THE COURTS, ALTHOUGH THERE WAS A TENDENCY FOR SPONSORS AND ADMINISTRATORS TO MOVE INTO ACTION WITHOUT AMPLE CONSIDERATION FOR ITS POSSIBLE CONSEQUENCES, ESPECIALLY UNRESOLVED LEGAL ISSUES SUCH AS THE VOLUNTARY NATURE OF A DEFENDANT'S PARTICIPATION AND THE PRACTICE OF RESTITUTION IN THE DIVERSION CONTEXT. A FIVE-PAGE BIBLIOGRAPHY IS INCLUDED.