NCJ Number
14859
Journal
American Journal of Comparative Law Volume: 18 Issue: 3 Dated: (1970) Pages: 518-531
Date Published
1970
Length
14 pages
Annotation
HISTORICAL BACKGROUND AND OUTLINE OF THE CURRENT SYSTEM, INCLUDING FACTORS DETERMINING THE SUSPENSION OF PROSECUTION, STATISTICS ON SUSPENSIONS FROM 1918 TO 1968, AND CONTROL OF THE PROSECUTOR'S DISCRETIONARY POWERS.
Abstract
ALTHOUGH THE PRACTICE CAN BE TRACED TO THE MIDDLE OF THE 1880'S, IT WAS IN THE FORMER CODE OF CRIMINAL PROCEDURE OF 1922 THE DISCRETIONARY POWER OF THE PROSECUTOR WHETHER OR NOT TO INSTIGATE PROSECUTION WAS FIRST EXPLICITLY PROVIDED BY LAW. ALSO DISCUSSED IS THE SYSTEM OF WITHDRAWAL OF PROSECUTION ONCE INSTITUTED. THE FACTORS ENUMERATED BY THE PROCEDURAL CODE OF 1948 FOR THE PROSECUTOR'S CONSIDERATION ARE THE CHARACTER, AGE, AND ENVIRONMENT OF THE OFFENDER, THE CIRCUMSTANCES AND GRAVITY OF THE OFFENSE, AND THE CIRCUMSTANCES FOLLOWING THE OFFENSE. STATISTICS ARE PROVIDED ON THE CORRELATION OF PROSECUTIONS AND SUSPENSIONS OF PROSECUTION WITH THE AGE OF THE OFFENDER AND THE TYPE OF OFFENSE IN 1968. THE SURVEY OF SUSPENSIONS FROM 1918 TO 1968 SHOWS A GRADUAL DECREASE IN SUSPENSIONS AFTER WORLD WAR II. MEASURES OF CONTROL OVER THE PROSECUTOR'S DISCRETION INCLUDE THE PROVISION THAT A PERSON DISSATISFIED WITH THE PROSECUTOR'S DECISION NOT TO PROSECUTE MAY APPLY TO THE COURT TO ORDER THE CASE TO BE TRIED.