NCJ Number
59792
Journal
Social Problems Volume: 26 Issue: 4 Dated: SPECIAL ISSUE (APRIL 1979) Pages: 439-451
Date Published
1979
Length
13 pages
Annotation
A STUDY CONDUCTED IN MARION COUNTY (INDIANAPOLIS), IND., SHOWS THAT THE DECISION TO PUBLICLY PROSECUTE A CASE IS BASED ON THE STRENGTH OF AVAILABLE EVIDENCE, ATTRIBUTES OF THE VICTIM, AND ATTRIBUTES OF THE DEFENDANT.
Abstract
PREVIOUS SOCIOLOGISTS HAVE SPENT MUCH TIME ANALYZING THE CHARACTERISTICS OF DEFENDANTS WHO ENTER THE CRIMINAL JUSTICE SYSTEM, BUT FEW HAVE RESEARCHED THE TOTAL DECISION PROCESS WHICH PRECEDES THE INITIATION OF PROSECUTION. A RANDOM SAMPLE OF 980 FELONY CASES DISPOSED OF IN MARION COUNTY BETWEEN JANUARY 1974 AND JUNE 1976 FINDS THAT AMOUNT AND TYPE OF EVIDENCE AVAILABLE IS AS IMPORTANT A PART OF THE DECISION AS ARE VICTIM OR DEFENDANT CHARACTERISTICS. (BECAUSE THE STUDY WISHED TO FOCUS ON VICTIM CHARACTERISTICS SUCH AS VICTIMLESS CRIMES, GAMBLING AND DRUGS WERE EXCLUDED). VARIABLES STATISTICALLY SIGNIFICANT IN THE DECISION TO PROSECUTE WERE EYEWITNESS IDENTIFICATION, CONFESSION OF DEFENDANT OR ACCOMPLICES, RECOVERY OF STOLEN PROPERTY, AMOUNT OF NONEXPERT TESTIMONY, VICTIM-DEFENDANT RELATIONSHIP, VICTIM'S WILLINGNESS TO PROSECUTE, PRIOR VICTIM-DEFENDANT CONFLICT, DEFENDANT'S AGE, DEFENDANT'S COUNSEL, RACIAL FACTORS (WHICH BECAME SIGNIFICANT ONLY WHEN EVIDENCE FACTORS WERE HELD CONSTANT), AND SERIOUSNESS OF THE OFFENSE. PROSECUTORS PREFERRED A VICTIM WHO WAS BLAMELESS AND A DEFENDANT WITH A PRIOR HISTORY OF TROUBLE. YOUNG DEFENDANTS WITH COURT-APPOINTED COUNSEL WERE MORE LIKELY TO BE PROSECUTED. ALL OTHER FACTORS EQUAL, CRIMES COMMITTED AGAINST OLDER, WHITE MALE VICTIMS WERE CONSIDERED MOST SERIOUSLY. EARLIER RESEARCHERS ARE CHIDED FOR NOT CONSIDERING EVIDENCE AS AN IMPORTANT VARIABLE IN STUDIES RELATING TO PROSECUTION. TABLES AND REFERENCES ARE INCLUDED. (GLR)