U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

CRIMINAL PROSECUTION IN FOUR JURISDICTIONS - DEPARTURES FROM ROUTINE PROCESSING IN THE CAREER CRIMINAL PROGRAM

NCJ Number
55570
Author(s)
J S DAHMANN; J S LACY
Date Published
1977
Length
176 pages
Annotation
FOUR JURISDICTIONS IN LOUISIANA, CALIFORNIA, OHIO, AND MICHIGAN WERE VISITED TO ANALYZE LEAA'S CAREER CRIMINAL PROGRAM IN TERMS OF THE CRIMINAL JUSTICE PROCESS FROM ARREST TO SENTENCING AND DEPARTURES FROM THIS PROCESS.
Abstract
THE CAREER CRIMINAL PROGRAM IS BASED ON THE IDEA THAT THE ROUTINE CRIMINAL JUSTICE PROCESS, IN DAILY OPERATIONS, DOES NOT ADEQUATELY ACHIEVE ITS PURPOSES IN THE CASE OF MANY REPEAT OFFENDERS. IT IS DESIGNED TO ASSIST LOCAL PROSECUTORS IN TARGETING RESOURCES ON SERIOUS REPEAT OFFENDERS. INFORMATION DERIVED FROM THE OPERATION OF THE CRIMINAL JUSTICE PROCESS IN NEW ORLEANS, LA., SAN DIEGO, CALIF., FRANKLIN COUNTY, OHIO, AND KALAMAZOO COUNTY, MICH., AND ON THE MANAGEMENT OF CRIMINAL PROSECUTIONS BY THESE JURISDICTIONS SHOWS THAT: (1) THE STRUCTURE OF THE CRIMINAL JUSTICE PROCESS IS NOTABLY DIFFERENT FROM PLACE TO PLACE, WITH VARYING BUT PREDICTABLE CONSEQUENCES FOR CRIMINAL PROSECUTION; (2) BASIC COMPONENTS OF CRIMINAL ADJUDICATION (LAW ENFORCEMENT, COURTS, PROSECUTION, DEFENSE OF INDIGENTS, AND CORRECTIONS) AND PROCEDURAL INGREDIENTS IN FORMAL ADJUDICATIVE TRANSACTIONS (INITIAL APPEARANCE OF THE ACCUSED BEFORE A MAGISTRATE, PRELIMINARY EXAMINATION, ARRAIGNMENT ON A FELONY ACCUSATION, DETERMINATION OF PRETRIAL MOTIONS, TRIAL, AND SENTENCING) SOMETIMES ARE IMPLEMENTED QUITE DIFFERENTLY; (3) WAYS IN WHICH THE COURT PROCESS IS ADMINISTERED INFLUENCE WAYS IN WHICH PROSECUTION IS MANAGED; (4) THE CRIMINAL JUSTICE PROCESS IS AS MUCH AN ADMINISTRATIVE MATTER AS IT IS A JUDICIAL ENTERPRISE; (5) REQUIRED TIMELINESS OF ADJUDICATIVE EVENTS DIFFERS AMONG THE FOUR JURISDICTIONS; AND (6) PROSECUTION OFFICES IN THE FOUR JURISDICTIONS VARY IN TERMS OF DUTIES, THE PROPORTION OF PERSONNEL DEDICATED TO CRIMINAL PROSECUTION, AGE AND EXPERIENCE LEVELS OF DEPUTIES, METHODS OF CASE ASSIGNMENT, ORGANIZATION OF FUNCTIONS, AND CONTROLS ON DISCRETION. THE SPECIAL PROSECUTORIAL TREATMENT OF TARGET CASES IS DISCUSSED. SUPPORTING FIGURES AND TABLES ARE INCLUDED, ALONG WITH AN EXECUTIVE SUMMARY. FOR RELATED DOCUMENTS, SEE NCJ 55447-55450, 55569, 55571. (DEP)