THEORETICAL AND EMPIRICAL ANALYSIS OF THE PROSECUTOR

• NCJ Number: 31755
• Author(s): B E FORST; K B BROSI
• Date Published: 1975
• Length: 22 pages
• Grant Number(s): 74-NI-99-0008
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: INSLAW
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THIS PAPER SETS FORTH A RATIONALE FOR PROSECUTORIAL DECISION-MAKING AND TESTS THE DEGREE TO WHICH THIS RATIONALE IS USED IN A LARGE URBAN PROSECUTOR'S OFFICE.

Abstract

THE RATIONALE, BASED ON A STANDARD INVESTMENT MODEL, INCORPORATES REDUCING FUTURE CRIMES AS AN OBJECTIVE TOWARD WHICH THE DISTRICT ATTORNEY CAN ALLOCATE RESOURCES TO CASES. IT IS SHOWN THAT A PROSECUTOR WITH SUCH AN OBJECTIVE WILL CONCENTRATE MORE RESOURCES ON CASES INVOLVING DEFENDANTS WITH MORE EXTENSIVE CRIMINAL HISTORIES, CASES INVOLVING MORE SERIOUS OFFENSES, AND CASES FOR WHICH THE PROBABILITY OF CONVICTION IS MORE RESPONSIVE TO THE ALLOCATION OF PROSECUTIVE RESOURCES. ASPECTS OF THIS THEORY ARE TESTED EMPIRICALLY, AND IT IS FOUND THAT WHILE THE PROSECUTOR'S DECISION TO CARRY FELONY CASES FORWARD APPEARS TO BE QUITE SENSITIVE TO THE STRENGTH OF THE EVIDENCE AND, TO A LESSER EXTENT, THE SERIOUSNESS OF THE OFFENSE, IT APPEARS TO BE INDEPENDENT OF THE EXTENSIVENESS OF THE DEFENDANT'S CRIMINAL HISTORY. (AUTHOR ABSTRACT)