NCJ Number
60828
Date Published
1979
Length
448 pages
Annotation
AN ANALYSIS OF THE MAJOR ORGANIZATIONAL AND INFORMAL DECISIONMAKING ACTIVITIES OF PROSECUTORS IS PRESENTED IN THIS DOCTORAL DISSERTATION.
Abstract
IN CONDUCTING EMPIRICAL RESEARCH ON SOCIAL ACTIVITY IN CRIMINAL LEGAL SETTINGS, THE PRACTICES OF PROSECUTORS HAVE NOT BEEN ADEQUATELY EXAMINED. TO CORRECT THIS OVERSIGHT, DATA WERE GATHERED THROUGH EXTENSIVE ETHNOGRAPHIC FIELD OBSERVATIONS OF THE EVERYDAY ACTIVITIES OF PROSECUTORS IN LOS ANGELES, CALIF. RESEARCH FOCUSED ON THE DECISIONMAKING ACTIVITIES OF COMPLAINT FILING AND PLEA BARGAINING. ORGANIZATIONAL GOALS, SUCH AS INCREASING CONVICTIONS, ENCOURAGED UTILIZATION OF CHARGING STANDARDS CALLING FOR ADMISSIBLE EVIDENCE WHICH DEMONSTRATED A HIGH PROBABILITY OF GUILT. IN PRACTICE, PROSECUTORS DID NOT CHALLENGE THE POLICE VERSIONS OF FACTS, DID NOT FILE 'CLOSE' CASES, AND FILED ONLY THE NUMBER OF CHARGES WHICH ENSURED THE HIGHEST LIKELY SENTENCE. COMPLAINT FILING DECISIONS WERE RENDERED IN A SOCIAL AND MORAL CONTEXT AS WELL AS THE ORGANIZATIONAL CONTEXT. CHRONIC TENSION IN THE POLICE AND PROSECUTOR RELATIONSHIP AND CHANGING PERCEPTIONS OF THE MORAL AND EQUITABLE PURPOSES OF THE LAW CREATED EXCEPTIONS OR DEVIATIONS FROM THE USUAL FILING STANDARDS. THE PROSECUTOR'S PLEA BARGAINING ACTIVITIES DEPENDED ON THE PRACTICES OF THE JUDGE, INCLUDING THE DEGREE TO WHICH THE JUDGE DELEGATED SENTENCING DISCRETION TO THE PROSECUTION. DEPARTURES FROM THE USUAL PLEA NEGOTIATION PROCESS FOR SPECIAL CASES WERE AN INTEGRAL PART OF THE DISPOSITION PROCESS. ANTICIPATED TRIAL PROBLEMS ALTERED CONVICTION PROBABILITIES AND MADE DEVIATION A PRACTICAL COMPROMISE. SPECIFIC DISCUSSION INCLUDES THE ORGANIZATION OF A BRANCH OFFICE OF THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE. TABLES, CHARTS, AND A BIBLIOGRAPHY ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED - TWK)