NCJ Number
44836
Editor(s)
F REMINGTON
Date Published
1970
Length
384 pages
Annotation
THE TEXT DISCUSSES THE INVOLVEMENT OF THE PROSECUTOR IN THE DECISION TO CHARGE, EVIDENCE REQUIRED TO CHARGE, JUDICIAL INVOLVEMENT IN AND REVIEW THE DECISION TO CHARGE, AND DISCRETION AND THE CHARGING DECISION.
Abstract
THE DECISION TO CHARGE REQUIRES THE RESOLUTION OF THREE RELATED, BUT INDEPENDENTLY IMPORTANT, ISSUES. FIRST, THERE MUST BE A DETERMINATION OF WHETHER THERE IS SUFFICIENT PROBABILITY OF GUILT TO JUSTIFY SUBJECTING SUSPECT TO A TRIAL. A JUDGMENT MUST BE MADE ABOUT WHETHER A JURY WILL BE LIKELY TO ACQUIT, EITHER BECAUSE THEY ARE UNLIKELY TO BE CONVINCED OF THE GUILT OF THE SUSPECT OR FOR OTHER REASONS UNRELATED TO THE LIKELIHOOD OF GUILT. SECOND, THE PROSECUTOR MAY CONCLUDE THAT PROSECUTION IS NOT IN THE COMMUNITY INTEREST. IN THAT EVENT, HE MUST CHOOSE BETWEEN RELEASE AND PURSUING SOME ALTERNATIVE OTHER THAN CRIMINAL PROSECUTION. THIRD, IF A DECISION IS MADE TO PROSECUTE, THE SPECIFIC CRIME OR CRIMES WITH WHICH THE PERSON IS TO BE CHARGED MUST BE SELECTED. THIS MAY BE INFLUENCED BY CONSIDERATIONS OF SENTENCING PROBABILITIES, ABILITY TO SECURE GUILTY PLEAS, AND THE PROSECUTOR'S CONCLUSION ABOUT BOTH THE INDIVIDUAL'S AND THE COMMUNITY'S INTERESTS. THIS STUDY SEEKS TO ESTABLISH WITH WHOM THE PROSECUTOR SHARES RESPONSIBILITY FOR MAKING THE CHARGING DECISION, WHAT CRITERIA ARE USED IN FACT, WHETHER OR NOT FORMAL NORMS HAVE BEEN STATED TO GUIDE OR CONTROL THE DECISION, AND WHETHER OR NOT SANCTIONS -- EITHER LEGAL OR INFORMAL -- ARE AVAILABLE TO INSURE PROPER APPLICATION OF THOSE NORMS. THE VOLUME INCLUDES AN EPILOGUE TO THE SURVEY OF THE ADMINISTRATION OF CRIMINAL JUSTICE.