skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 66499 Add to Shopping cart Find in a Library
Title: AMERICAN PROSECUTOR - A SEARCH FOR IDENTITY
Author(s): J E JACOBY
Corporate Author: Lexington Books
United States of America
Date Published: 1980
Page Count: 327
Sponsoring Agency: Lexington Books
New York, NY 10022
US Dept of Justice

US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 76-NI-99-0128
Sale Source: Lexington Books
866 Third Avenue
New York, NY 10022
United States of America
Language: English
Country: United States of America
Annotation: WRITTEN FOR A GENERAL AUDIENCE, THIS BOOK TRACES THE DEVELOPMENT OF THE PROSECUTORIAL FUNCTION IN AMERICA FROM ITS ORIGINS TO ITS PRESENT FORM AS A HIGHLY DIVERSIFIED, DISCRETIONARY DECISIONMAKING OFFICE.
Abstract: THE STRUCTURE OF THE PRESENT AMERICAN SYSTEM, DRAWN MAINLY FROM LONG-ESTABLISHED MODELS (ENGLISH, SPANISH, FRENCH, AND DUTCH), GRADUALLY EVOLVED FROM COLONIAL TIMES TO REACH ITS PRESENT FORM. TODAY, THE AMERICAN PROSECUTOR IS UNIQUE; THERE IS NO EXACT COUNTERPART ELSEWHERE IN THE WORLD. FACTORS AFFECTING PROSECUTION INCLUDE LOCAL RESPONSIBILITY FOR IMPLEMENTING STATE LAWS WHICH IS OFTEN AT VARIANCE WITH EQUITABLY DISTRIBUTING PROSECUTION SERVICES AND FINANCIAL SUPPORT THROUGHOUT A STATE. THE EFFECT OF POPULATION SIZE AND DEMOGRAPHIC CHARACTERISTICS RAISES SEPARATE AND DISTINCT ISSUES FOR RURAL, URBAN, AND SUBURBAN PROSECUTORS. IN ADDITION, SEVERAL U.S. SUPREME COURT RULINGS EXTENDED THE DEFENDANT'S RIGHT TO COUNSEL TO PRACTICALLY ALL STATE AND LOCAL MISDEMEANOR PROSECUTIONS. THESE DECISIONS ASSURED THE PROSECUTOR'S INVOLVEMENT AT A NUMBER OF CRITICAL STAGES IN THE JUDICIAL PROCESS, ADDED TO THE PROSECUTOR'S WORKLOAD, AND SLOWLY OPENED UP THE PROSECUTION FUNCTION TO PUBLIC SCRUTINY. THE PROSECUTORIAL PROCESS CONSISTS OF SEVERAL STAGES: THE FIRST THE INTAKE PROCESS, INVOLVES THE AMOUNT OF INFORMATION MADE AVAILABLE TO THE PROSECUTOR (USUALLY BY THE POLICE) AND THE TIMING OF THE CHARGING DECISION. THE SECOND, THE ACCUSATORY STAGE, BEGINS WITH THE PROSECUTOR'S DECISION TO CHARGE AND ENDS WITH THE DEFENDANT'S ARRAIGNMENT. THE FINAL STAGE, CASE DISPOSITION, INCLUDES CASE REVIEW, EVALUATION, ASSIGNMENT, TRIAL PREPARATION, COURT APPEARANCES, AND SOMETIMES POSTCONVICTION ACTIVITIES. THREE CASE STUDIES OF PROSECUTORS' OFFICES PROVIDE A CONTEXT FOR EVALUATING INTERNAL AND EXTERNAL CONSTRAINTS, CAUSES AND EFFECTS OF PROSECUTORIAL DIVERSITY, AND THEIR SUBSEQUENT EFFECT ON THE CHARACTER AND NATURE OF LOCAL LAW. THE BOOK INCLUDES ANNOTATED CHAPTERS, A TABLE OF CASES, TABLES, AND NAME AND SUBJECT INDEXES. (PRG)
Index Term(s): Colorado; Decisionmaking; District attorneys; Louisiana; Missouri; Prosecution; Prosecution model; Prosecutorial discretion; Prosecutorial diversion; Prosecutorial screening; Prosecutors; United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66499

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.