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NCJ Number: 69512 Add to Shopping cart Find in a Library
Title: POLICY ANALYSIS FOR PROSECUTION - EXECUTIVE SUMMARY
Author(s): J E JACOBY; L R MELLON
Corporate Author: Bureau of Social Science Research, Inc
United States of America
Date Published: 1979
Page Count: 95
Sponsoring Agency: Bureau of Social Science Research, Inc
Washington, DC 20036
National Institute of Justice/
Rockville, MD 20849
US Dept of Justice

US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 78-NI-AX-0006
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THE PROSECUTIVE FUNCTION IN 10 JURISDICTIONS NATIONWIDE EXAMINED FROM A POLICY PERSPECTIVE; GEOGRAPHICALLY DISPERSED JURISDICTIONS RANGING IN SIZE FROM 165,000 TO OVER 2.5 MILLION ARE INCLUDED.
Abstract: SPECIFIC STUDY OBJECTIVES WERE TO DETERMINE WHAT ASPECTS WITHIN THE PROSECUTIVE FUNCTION'S CONTROL ARE IMPORTANT TO THE SELECTION AND IMPLEMENTATION OF POLICY, TO IDENTIFY AND DESCRIBE THE TYPES OF POLICIES, AND TO EXAMINE POLICIES FOR THOSE FACTORS THAT SIGNIFICANTLY AFFECT THEIR UNIFORM AND EQUAL IMPLEMENTATION. THE INTERNAL EXAMINATION OF THE PROSECUTORS' OFFICES INCLUDED ONSITE OBSERVATION AND STUDY. THE PRIMARY PURPOSE WAS TO IDENTIFY THE POLICY OF THE PROSECUTOR, ISOLATE THOSE PROCEDURES BY WHICH POLICY WAS TRANSMITTED THROUGH THE OFFICE AND IMPLEMENTED, AND NOTE POLICY REQUIREMENTS AND EFFECTS. FOUR DISTINCT TYPES OF POLICIES WERE IDENTIFIED IN PREVIOUS LEAA STUDIES: LEGAL SUFFICIENCY, SYSTEM EFFICIENCY, TRIAL SUFFICIENCY, AND DEFENDANT REHABILITATION. THE EXISTENCE OF A SPECIFIC POLICY TYPE CAN BE DETERMINED BY EXAMINING SEVERAL KEY ELEMENTS, SUCH AS CRITERIA USED FOR CHARGING, OPERATIONAL STRATEGIES EMPLOYED, AND RESOURCE ALLOCATION PATTERNS. THE STUDY VERIFIED THE EXISTENCE OF CHARGING POLICIES DESCRIBED IN THE HYPOTHESIZED TYPOLOGIES. THE 10 SITES PRESENTED A FULL RANGE OF DIFFERENCES IN TYPES OF INTAKE PROCEDURES, ACCUSATORY PROCESSES, COURT SYSTEMS, AND OTHER ASPECTS OF THE CRIMINAL JUSTICE SYSTEM. THREE BASIC PROSECUTORIAL STYLES OF DECISIONMAKING WERE IDENTIFIED. THESE INCLUDE THE TRANSFER STYLE, WHICH SHIFTS PROSECUTIVE DECISION FUNCTIONS TO THE LAW ENFORCEMENT OR JUDICIAL COMPONENTS; THE UNIT STYLE, IN WHICH ASSISTANTS ARE GIVEN AUTONOMY IN DECISIONMAKING; AND THE OFFICE STYLE, IN WHICH THE CHIEF PROSECUTOR SELECTS A COURSE OF ACTION AND DELEGATES DECISIONMAKING AUTHORITY ACCORDINGLY. THE STUDY FURTHER FOUND THAT THE PROSECUTION'S CONTROL OVER ITS ROLE IS A FUNCTION OF THE DEFINITION OF THE SCOPE OF PROSECUTION AND THE ROLE OF THE PROSECUTOR AS THE CHIEF POLICYMAKER, THE STYLES OF DECISIONMAKING, AND THE ABILITY OF THE OFFICE TO IMPLEMENT A CHARGING POLICY AND CONTROL THE INTAKE PROCESS. FIGURES, TABLES, AND 15 FOOTNOTES ARE INCLUDED. FOR THE ENTIRE REPORT FOR WHICH THIS IS AN EXECUTIVE SUMMARY, SEE NCJ 69512.
Index Term(s): Decisionmaking; District attorneys; Law Enforcement Assistance Administration (LEAA); Policy; Prosecution; Prosecutorial discretion; Prosecutors
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69512

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