NCJ Number
54130
Journal
Deviance et societe Volume: 2 Issue: 4 Dated: (DECEMBER 1978) Pages: 365-383
Date Published
1978
Length
19 pages
Annotation
PROSECUTORIAL DISCRETION IN CASES OF SHOPLIFTING IS EXPLORED IN THIS BELGIAN STUDY.
Abstract
IN BELGIUM, PROSECUTORS HAVE CONSIDERABLE LATITUDE IN DECIDING WHETHER TO BRING CHARGES AGAINST AN OFFENDER; IN PARTICULAR, THEY FREQUENTLY ABSTAIN FROM PROSECUTING SHOPLIFTING OFFENSES. A SURVEY OF SEVERAL JUDICIAL DISTRICTS REVEALED CONSIDERABLE DIFFERENCES IN HANDLING PROSECUTORIAL DIVERSION. WITHIN A CERTAIN PERIOD OF TIME, ONE DISTRICT PROSECUTED 72 PERCENT OF THE SHOPLIFTING CASES WHILE IN ANOTHER DISTRICT ONLY 33 PERCENT WERE TAKEN TO COURT. IN ORDER TO EXPLORE THE PROSECUTORS' CRITERIA FOR MAKING THE SELECTION, RESEARCHERS EXAMINED 397 CASES OF SHOPLIFTING IN A BELGIAN LEGAL DISTRICT. CONCERNING THE OFFENDER'S PERSONALITY, THE STATISTICAL ANALYSIS REVEALED THE FOLLOWING FACTORS OF INFLUENCE (IN ORDER OF IMPORTANCE): PREVIOUS DIVERSION (I.E., WHETHER CHARGES HAD BEEN DROPPED AGAINST AN OFFENDER BEFORE), NUMBER OF PREVIOUS OFFENSES, PRESENCE OF AGGRAVATING CIRCUMSTANCES, VALUE OF STOLEN GOODS, MOTIVE (E.G., NEED), PSYCHOLOGICAL CONDITION OF THE OFFENDER (E.G., THREAT OF SUICIDE), AND CONSPIRACY. THE STUDY ALSO REVEALED THAT THE DECISION TO PROSECUTE DEPENDS SIGNIFICANTLY ON THE DISPOSTION OF THE PROSECUTOR. FOR INSTANCE, ONE PROSECUTOR DID NOT PROSECUTE ANY OF HIS 62 CASES WHILE A COLLEAGUE TOOK 86 PERCENT OF HIS CASES TO COURT. IN VIEW OF THESE DIFFERENCES, THE CONCEPT OF EQUALITY IS NOT SUFFICIENTLY OBSERVED IN BELGIAN JUDICIAL PRACTICE. TO REMEDY THE ARBITRARY HANDLING OF PROSECUTORIAL DIVERSION, LEGAL EXPERTS SHOULD COMPILE A LIST OF CRITERIA ON WHICH THE PROSECUTORS CAN BASE THEIR DECISIONS. THE OFFENSE OF SHOPLIFTING WOULD BE A SUITABLE AREA FOR A MODEL PROJECT. THE ARTICLE IS SUPPORTED BY STATISTICAL CHARTS AND INCLUDES BIBLIOGRAPHICAL FOOTNOTES. --IN FRENCH. (SAJ)