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NCJ Number: 43805 Find in a Library
Title: SIGNIFICANCE OF EMPIRICAL RESEARCH INTO THE STATE PROSECUTOR'S OFFICE FOR CRIMINOLOGY AND FOR LEGAL POLICY (FROM UNAFEI - REPORT FOR 1976 AND RESOURCE MATERIAL SERIES NO 13, 1977 - SEE NCJ-43800)
Author(s): G KAISER
Corporate Author: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Japan
Date Published: 1977
Page Count: 12
Sponsoring Agency: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Tokyo, Japan
Type: Report (Study/Research)
Format: Document
Language: English
Country: United Nations
Annotation: THE METHODS, FINDINGS, AND IMPLICATIONS OF STUDIES OF THE ACTIVITIES PERFORMED BY THE STATE PROSECUTOR'S OFFICE IN THE FEDERAL REPUBLIC OF GERMANY ARE REVIEWED.
Abstract: THE AIM OF THE RESEARCH WAS TO DOCUMENT EMPIRICALLY THE CONDUCT OF INVESTIGATIONS FROM INPUT BY POLICE THROUGH OUTPUT, I.E., DROPPING A CASE OR PASSING IT ON TO THE COURT. SAMPLES OF OFFENSES FOR THE YEAR 1970 WERE DRAWN FOR 8 OF THE 93 GERMAN STATE PROSECUTOR'S OFFICES. IN ADDITION TO THE EVALUATION OF CASE DOCUMENTS, INTERVIEWS WERE CONDUCTED AND GROUP DISCUSSIONS INVOLVING PROSECUTORS AND POLICE OFFICERS WERE OBSERVED. THE STUDY FOUND THAT DECISION PATTERNS SET FORTH BY LAW, PARTICULARLY WITH REGARD TO THE EXTENT OF HARM OR DAMAGE INVOLVED IN AN OFFENSE, THE FREQUENCY WITH WHICH A GIVEN TYPE OF OFFENSE OCCURS, AND THE EXISTENCE OF A PREVIOUS RECORD FOR THE OFFENDER, DEFINITELY INFLUENCE THE PROCEDURES EMPLOYED BY THE STATE PROSECUTOR'S OFFICES, EXCEPT IN THE CASE OF ECONOMIC CRIME. THE SIGNIFICANCE OF THE BEHAVIOR OF BOTH THE OFFENDER AND THE VICTIM IN THE DECISION TO BEGIN PROCEEDINGS AND IN THE CHOICE OF SANCTIONS WAS BROUGHT OUT. FOR EXAMPLE, CASES WERE MORE LIKELY TO BE ABANDONED IF THE OFFENDER REFUSED TO MAKE A STATEMENT OR DENIED THE OFFENSE OR IF THE VICTIM HAD LITTLE OR NO OPPORTUNITY TO INITIATE OR HELP WITH THE INVESTIGATION. THE RESEARCH ALSO SHOWS THAT THE STATE PROSECUTORS' DESIRE TO START PROCEEDINGS IS LESS PRONOUNCED IN CASES INVOLVING VICTIMS AND OFFENDERS WHOSE SOCIAL CHARACTERISTICS ARE SIMILAR. ANOTHER FINDING IS THAT, EXCEPT FOR ECONOMIC CRIMES, THE STATE PROSECUTORS THEMSELVES RARELY CONDUCT INVESTIGATIONS.
Index Term(s): Decisionmaking; Germany; Organization studies; Prosecution; Prosecutorial screening
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