Prosecutorial Decision-Making - The Screening Process (From Criminal Justice System - A Social-Psychological Analysis, P 235-255, 1982, Vladimir J Konecni and Ebbe B Ebbesen, ed. - See NCJ-87097)

• NCJ Number: 87106
• Author(s): A M Gelman
• Date Published: 1982
• Length: 21 pages
• Sale Source: W H Freeman and Co
• Language: English
• Country: United States of America

Annotation

This analysis of decisionmaking in the prosecutorial screening process considers the nature of prosecutor discretion, previous studies of prosecutorial decisionmaking, and screening decisions in Los Angeles County and the District of Columbia.

Abstract

Despite the reluctance of the other branches of government to monitor the working of the prosecutor, the office has not escaped the scrutiny of commentators and national commissions; however, most of the literature has overlooked the basic decisionmaking process undertaken by the prosecutor. The screening decision, because of its direct bearing on eventual conviction, is the most significant decision that prosecutors make and could be considered the most important decision in criminal processing. Rather than being an isolated event, the screening process is a series of decisions made by a representative of the prosecutor's office that may result in the dismissal of a case. Of particular importance in the screening model proposed is the dichotomization of prosecutorial decisions into reject and accept categories and the fact that the 'accept' category need not consist only of continued felony prosecution but may include diversion to another court system, dropping the charge as part of a plea bargain, and referral to a treatment program. PROMIS data on screening decisions in Los Angeles County and the District of Columbia show that at the filing stage, Los Angeles County prosecutors reject two out of every five arrests while the rejection rate in the District of Columbia is about half that; however, these figures are more than reversed when compared for postfiling prosecutor rejections. It is apparent that Los Angeles County prosecutors are using a higher standard to screen cases at initial filing. Further studies should attempt to identify the policy used by prosecutors and the specific standards by which this policy is implemented. Once policies and standards have been identified, prosecutors can be provided with feedback on the degree of success of their screening decisions. Tabular data and 59 references are provided.