Pretrial Intervention - The Administration of Discretion (From National Conference on Pretrial Release and Diversion, 1977 Conference Resource Book, 1977 - See NCJ-85594)

• NCJ Number: 85595
• Author(s): P H Johnson
• Date Published: 1977
• Length: 33 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: Available on microfiche as NCJ-85594. Excerpted from the Criminal Justice Monograph, Volume 7, Number 1

Annotation

Prosecutorial discretion is examined in terms of its use in structured pretrial intervention programs, with emphasis on administrative organization and the decision points which affect the disposition of defendants.

Abstract

Pretrial intervention programs divert criminal offenders into short-term, community-based programs with the possibility of dismissal of charges upon successful completion of the program. Most programs are characterized by formal eligibility criteria, voluntary participation, the use of a formal staff to administer manpower services, and the dismissal of criminal charges for successful participants. The three administrative models of pretrial programs are the prosecutor model, the prosecutor/probation model, and the court model. Although these programs operate as an alternative to formal processing, they are closely associated with the criminal justice system and their policy decisions rest largely upon the interests of the prosecutor and the judge. Little research exists to support the claim that pretrial intervention relieves prosecutorial and court caseloads. Data are also insufficient to measure the effect of program participation on the participant. Such programs may lose their significance as a means of avoiding the stigma of a criminal record, because the programs are closely associated with the criminal justice system. For example, the term 'offender' is often used to describe program participants, even though they have not been found guilty. Nevertheless, these programs are growing as a new approach to corrections. Their success depends on the availability of resources and services within the community and local support from the business sector. Pretrial intervention programs need to choose individuals who are most in need of services rather than only those who are most likely to succeed. Due process and equal protection issues may need additional consideration as well. Administrative leadership will also be crucial to these programs' future success. Figures and tables are included.