NCJ Number
66771
Date Published
1980
Length
15 pages
Annotation
U.S. ATTORNEYS' INCREASED INFLUENCE IN SENTENCE DETERMINATIONS HAS BOTH COERCIVE AND CREATIVE IMPLICATIONS, WITH A CAPACITY FOR BOTH CONSTRUCTIVE AND DESTRUCTIVE IMPACTS ON THE QUALITY OF CRIMINAL JUSTICE.
Abstract
SITE VISITS WERE MADE TO STUDY THESE IMPLICATIONS IN 10 FEDERAL DISTRICT COURTS, RESULTING IN ABOUT 200 HOURS OF OBSERVATIONS OF COURT PROCEEDING DIRECTLY OR INDIRECTLY RELATED TO COURT OUTCOME DECISIONS AND ABOUT 600 HOURS OF INTERVIEWS WITH COURT PERSONNEL RESPONSIBLE FOR DECISIONMAKING IN CRIMINAL CASES. IT WAS HYPOTEHESIZED THAT AS A U.S. ATTORNEYS' OFFICE BECOMES MORE PROACTIVE IN ITS ORIENTATION AND ALLOCATION OF RESOURCES, DISCUSSIONS OF SANCTIONING BECOME A MORE EXPLICIT PART OF THE BARGANING PROCESS. MAKING A U.S. ATTORNEY'S OFFICE MORE PROACTIVE IN ORIENTATION REQUIRES THE CREATION OF NEW TYPES OF CASES, PARTICULARLY REGARDING WHITE-COLLAR CRIME AND POLITICAL CORRUPTION FOR WHICH IT IS DIFFICULT TO DEVELOP THE TYPE OF EVIDENCE REQUIRED FOR SUCCESSFUL PROSECUTIONS. THUS, A MEANS MUST BE DEVELOPED FOR PRODUCING WITNESSES AND ENCOURAGING STIMULATING THEIR ASSISTANCE IN THE PROSECUTION OF A CASE' THE RANGE OF TECHNIQUES IS EXTENSIVE AND POTENTIALLY COERCIVE IN CHARACTER. ALTHOUGH THREATS OF COERCION ARE OMNIPRESENT IN PROSECUTORIAL NEGOTIATIONS, THEY ARE OF UNKNOWN CORRELATION WITH ACTUAL APPLICATIONS OF COERCION. NEVERTHELESS, THE POTENTIAL FOR COERCION DOES APPEAR TO BE MADE MORE EXPLICIT IN THE SENTENCE-BARGANING OF FEDERAL DISTRICT COURTS. EMPIRICAL RESOLUTION TO THE COERCION-CONCESSION ISSUE ITSELF IS FORTHCOMING. REFERENCES AND NOTES ARE INCLUDED. (MHP)