NCJ Number
60515
Date Published
1979
Length
29 pages
Annotation
REFORM IN CRIMINAL SENTENCING POLICIES MUST CONSIDER THE POWERFUL ROLE OF PROSECUTORS IN THE FORMULATION OF CRIMINAL CHARGES, AND THEIR ABILITY TO PROVIDE OR WITHHOLD INFORMATION AND RECOMMENDING SENTENCES.
Abstract
ALTHOUGH PROSECUTORS ARE CONCERNED WITH CONVICTION RATES, THEY ALSO MUST ATTEND TO THE 'PRODUCTION FUNCTION' OF EFFICIENTLY PROCESSING OFFENDERS THROUGH THE CRIMINAL JUSTICE SYSTEM. WHETHER OR NOT PROSECUTORIAL POWER IS EXERCISED IN A DISCRETIONARY MANNER DEPENDS ON SYSTEMATIC PRESSURE FOR ECONOMICAL OPERATION. TO ACHIEVE MAXIMUM EFFICIENCY IN THE ADJUDICATORY PROCESS, THE CRIMINAL JUSTICE SYSTEM RELIES ON GUILTY PLEAS AND THE DEFENDANT'S WAIVER OF CONSTITUTIONAL RIGHTS. JUDGES HAVE A STRONG ROLE IN THE SENTENCING OF OFFENDERS, BUT IN MANY STATES THIS ROLE IS WEAKENED BY USE OF DETERMINATE SENTENCING LAWS. IN SUCH JURISDICTIONS, THE PROSECUTORS ASSUME CONTROL OF SENTENCING THROUGH THEIR INHERENT ABILITY TO SELECT APPROPRIATE CHARGES FOR EACH SUSPECT. MAINE, CALIFORNIA, INDIANA, AND ILLINOIS HAVE ABANDONED THE IDEALS OF INDIVIDUALIZED TREATMENT AND ACCEPTED POLICIES OF DETERMINATE SENTENCING. IN MAINE, EVEN THE CONCEPT OF PAROLE HAS BEEN VIRTUALLY ABOLISHED. AN ANALYSIS OF THE PROSECUTORIAL IMPACT ON SENTENCING INDICATES THAT PROSECUTORS HAVE GAINED GREATER CONTROL OF DISCRETION IN SYSTEMS USING DETERMINATE SENTENCING. PROSECUTORIAL POWER IN MAINE IS LESSENED BY THE DISCRETION GIVEN TO JUDGES FOR ADJUSTING SENTENCES BELOW THE FIXED MAXIMUMS, WHILE PROSECUTORS IN INDIANA ARE QUITE POWERFUL BECAUSE OF THE ABILITY TO RECOMMEND CHANGES IN SENTENCES ACCORDING TO AGGRAVATING CIRCUMSTANCES. TABULAR DATA AND REFERENCES ARE PROVIDED.