NCJ Number
60507
Editor(s)
W F MCDONALD
Date Published
1979
Length
279 pages
Annotation
THE ROLE OF THE PUBLIC PROSECUTOR AS THE CENTRAL DECISIONMAKER IN THE CRIMINAL JUSTICE SYSTEM IS EXAMINED IN THIS VOLUME OF ESSAYS.
Abstract
IMPROVEMENT OF THE CRIMINAL JUSTICE SYSTEM REQUIRES INFORMATION CONCERNING THE IMPACT OF THE PROSECUTOR'S POLICIES ON THE ADMINISTRATION OF JUSTICE, THE FACTORS WHICH INFLUENCE THE PROSECUTOR, AND THE VALUES OF THE PERSONS OCCUPYING THIS PIVOTAL ROLE IN THE CRIMINAL JUSTICE SYSTEM. THE PUBLIC PROSECUTOR'S OFFICE HAS BEEN NEGLECTED IN RESEARCH, YET SCHOLARS AGREE THAT THE PROSECUTOR IS THE MOST IMPORTANT COMPONENT IN THE CRIMINAL JUSTICE PROCESS. AN EXAMINATION OF THE PROSECUTOR'S AREA OF INFLUENCE INDICATES THAT IT HAS GREATLY INCREASED IN RECENT YEARS AS PLEA BARGAINING AND NEGOTIATIONS HAVE REPLACED JURY TRIALS AS THE MAIN METHOD OF CASE DISPOSITION. PROSECUTORS EXTEND THEIR IMPACT OVER DEFENDANTS THROUGH CONTROL OF SENTENCING RECOMMENDATIONS AND RESTITUTION DIVERSION PROGRAMS. THE ROLE OF THE JUDGE AND JURY IN CRIMINAL LAW HAS LARGELY BEEN REPLACED BY THE PROSECUTOR. DISCUSSION OF THE CHANGING POLICIES OF PROSECUTORS, MODELS OF PROFESSIONALISM, AND THE USE OF DETERMINATE SENTENCING REVEAL THAT PROSECUTORS MUST NOT ONLY BE CONCERNED WITH MAINTAINING HIGH CONVICTION RATES, BUT MUST ALSO PROCESS OFFENDERS ECONOMICALLY. BECAUSE THE JOB OF ASSISTANT PROSECUTOR DOES LITTLE TO ENHANCE OCCUPATIONAL MOBILITY, YOUNG LAWYERS TAKING THE JOB USUALLY ARE GRADUATES FROM LESSER RATED LAW SCHOOLS AND COME FROM LOWER SOCIOECONOMIC LEVELS. FURTHER PRESENTATIONS CONCERN THE PROSECUTORS MANAGEMENT INFORMATION SYSTEM AND THE USE OF PROSECUTORIAL DISCRETION IN THE GERMAN CRIMINAL JUSTICE SYSTEM. TABULAR DATA AND REFERENCES ARE PROVIDED.