NCJ Number
79919
Date Published
1981
Length
43 pages
Annotation
Based on data collected in May 1981, this analysis focuses on problems inherent in the bifurcated prosecution system in Fayette County, as well as ways to improve the Commonwealth Attorney's case tracking system and control over office files.
Abstract
An overview of the Commonwealth Attorney's office covers staff, law enforcement agencies which refer cases for prosecution, judicial processes, and the court structure. The current practice in Fayette County does not allow the Commonwealth Attorney to review felony charges before they are filed in the district court, but the office learns of a case when papers are sent from the district court after a bindover to the circuit court. This report first reviews several studies documenting the need for a prosecutor rather than police to control the charging function. When charging decisions are not made by the prosecutor, cases of questionable merit enter the system, the prosecutor's discretionary power is limited, opportunities to collect important information from the police are lost, and legal problems that could result in case dismissals are not identified at an early stage. To remedy this situation, the report recommends that in felony cases, the district court only make a determination on the questions of release and provision of counsel. Methods to implement this change are outlined, including the development of a uniform case report for use by all law enforcement agencies. The new intake system would require an additional assistant in the Commonwealth Attorney's office. After assessing case tracking and file control techniques, the team proposed establishing a two-card system for tracking cases. Other recommendations are also given. Footnotes, a sample uniform case report form, and sample cards for the case tracking system are provided.