Discussion on Harmonizing Prosecution Policy - A Contribution to Harmonizing Case Dismissal Policy in the 's-Hertogenbosch District

• NCJ Number: 79135
• Author(s): G A vanBergeijk; J J van derKaaden
• Date Published: 1977
• Length: 36 pages
• Corporate Author: Netherlands Ministry of Justice
• Sale Source: National Institute of Justice/
• Country: Netherlands

Annotation

Results of several Dutch studies to determine the prevalence of and grounds for dismissal of minor criminal cases by the prosecutor's office are reported and possibilities for implementing uniform dismissal procedures are explored.

Abstract

The present study, conducted in 1976, expands upon a 1971/72 study which established that a wide variation can be observed in the discretionary choices made by the prosecutors in prosecution decisions. In the 1976 study, 35 prosecutors and 13 clerks were asked to give their opinions about whether 3 fictitious criminal cases should or should not be prosecuted, and if so, what penalties should be imposed. Results of the study indicate that the greatest divergence of opinion conceived the prosecution of a shoplifting offense. Most respondents favor conditional dismissal (50 percent) and agree on the type and severity of penalty recommended. Decisions for dismissal are most common in Breda and Den Bosch (three-quarters of the decisions) and least common in Roermond (one-third of the decisions). Opinions on the effectiveness of various forms of disposition (e.g., conditional release) vary widely. Factual information is clearly not the only factor affecting prosecutors' decisions. The training, environment, and experience that make up the prosecutor's personality serve as filters for the information available on any given crime. To achieve more uniformity in judgments about case dismissals, prosecutor trainees should be selected on the basis of their understanding of the prosecutor's office as a policymaking authority. Trainees should be taught to judge similar matters in the same fashion and to impose uniform sentences. Better communication among districts and specialization within prosecutors' offices are also desirable. A case screening procedure could eliminate misdemeanors which are easily settled with fines. Finally, guidelines should be provided for the handling of separate offenses. Figures, tables, and appendixes are supplied.