NCJ Number
208992
Date Published
January 2005
Length
6 pages
Annotation
This paper presents findings from an Australian study analyzing prosecutorial decisions made by the Director of Public Prosecutions (DPP) prosecutors in five jurisdictions in relation to adult sexual assault cases.
Abstract
Prosecutors employed by the State and Territory offices of the Director of Public Prosecutions (DPP) in Australia are vested with a range of discretionary powers in relation to prosecuting indictable offenses. Few studies have examined factors that predict prosecutorial decisions in adult sexual assault cases. The factors that impact the exercise of prosecutorial discretion are important to understand. This paper analyzes prosecutorial decisions to proceed with or discontinue prosecution in a sample of adult sexual assault cases. The study focused on cases involving indictable sexual offenses against adults from five jurisdictions: the Australian Capital Territory, New South Wales, the Northern Territory, Western Australia, and Tasmania. The exercise of prosecutorial discretion accounted for a relatively large degree of case attrition, with 38 percent of cases in the sample withdrawn from prosecution. Overall, 44 percent of cases resulted in a conviction. There is willingness by prosecutors to negotiate concessions on charges and penalties in exchange for the defendant agreeing to plead guilty, rather than risk an acquittal. The results suggest a need for further research about the way human interactions and organizational, systemic, and social variables influence both prosecutors’ and victims’ decisions. Tables and references