NCJ Number
171160
Date Published
1998
Length
0 pages
Annotation
Using lecture and discussion interaction with participants, Angela Jordan Davis provides an overview of criminal processing, from arrest through sentencing, with attention to aspects of discretionary decision-making by police and prosecutors.
Abstract
The overview of policing notes that police are responsible for both preventing and detecting (investigating) crime. A discussion of probable-cause grounds for arrest reviews the definition of probable cause, followed by a discussion with participants regarding whether police should always arrest citizens for every violation when police believe there is probable cause. A discussion of the use of police discretion focuses on the police decision to make traffic stops apparently based on the race of the driver. Police legal limitations regarding arrests and searches are also addressed. An overview of the prosecutor's role advises that the prosecutor is the most powerful criminal justice official because of his/her discretion as to whether or not to dismiss a case, determine charges, engage in plea bargaining, use a diversion strategy, and proceed to trial. Various criteria used by prosecutors in various discretionary decisions are discussed as well. Whether or not prosecutors should take victims' views into account when making their decisions and the weight that should be given victims' views are also considered. Davis brings up the issue of how the affluence and social status of a defendant can impact prosecutorial decisions. Other topics discussed are the role and responsibilities of the grand jury; the use of bail and pretrial detention and how pretrial decisions may impact the outcome of a case; and trial procedures, including jury selection, jury decision-making, presentence investigations, and sentencing options.