NCJ Number
10542
Date Published
1968
Length
236 pages
Annotation
A DISSERTATION ON THE ROLE OF THE PROSECUTOR IN THE CRIMINAL JUSTICE SYSTEM AND THE FACTORS WHICH AFFECT HIS DECISION-MAKING PROCESSES.
Abstract
THE PROSECUTORIAL PROCESS IS DESCRIBED AND THE KEY DECISION-MAKING POINTS ARE INDICATED. THE MOST IMPORTANT DECISIONS WITH WHICH A PROSECUTOR IS FACED TAKE PLACE OUTSIDE THE FORMAL HEARINGS. THESE SIGNIFICANT CHOICES INCLUDE WHETHER TO REDUCE CHARGES AGAINST THE ACCUSED IN EXCHANGE FOR A PLEA OF GUILTY, WHETHER TO NOL PROS THE CASE AND THUS TERMINATE THE PROCESS, AND WHETHER TO CONTINUE TO SEEK AN INDICTMENT IF THERE WAS NO PROBABLE CAUSE TO ARREST. THIS STUDY FOUND THAT PARTY POLITICS PLAYED A RELATIVELY MINOR ROLE IN THE PROSECUTOR'S OFFICE UNDER OBSERVATION AND THAT THERE WAS NO INDICATION OF OVERT OR COVERT PARTY INFLUENCE ON THE HANDLING OF CASES. THE AUTHOR ARGUES THAT EXTENSIVE PRE-TRIAL DISPOSITION OF CASES IS NOT DESTRUCTIVE OF JUSTICE. NOL PROS DECISIONS WERE NOT FOUND TO BE INDISCRIMINATE AND PROSECUTORS GENERALLY JUSTIFIED THEIR NOL PROS MOTIONS ORALLY TO THE JUDGE. ONE OF THE MOST IMPORTANT FINDINGS OF THIS CASE STUDY IS THAT THERE IS LITTLE PATENTLY UNJUST TREATMENT OF DEFENDANTS, ESPECIALLY THOSE OF MINORITY GROUP STATUS.