Prosecutor Anne Swern Discusses How Resource Constraints Affect Prosecutor Decisions (2 of 4) скачать в хорошем качестве

Prosecutor Anne Swern Discusses How Resource Constraints Affect Prosecutor Decisions (2 of 4)

Prosecuting attorneys enjoy broad discretion in screening cases, charging offenders, plea bargaining, recommending sentences and dismissing cases. With NIJ grant funding, researchers at the Vera Institute of Justice collected information in two county prosecutor offices to study the influence of case characteristics and contextual constraints on prosecutorial decision-making. Information was collected through prosecutor case records, opinion and factorial surveys, interviews, and focus groups. The participants included managers and prosecutors with different levels of experience to interpret findings on how factors are evaluated, and how formal and informal mechanisms regulate decisions. They found that objective strength of evidence was the determining factor in most screening decisions. That is, prosecutors first asked: Can I prove the case? Then contextual factors, including offense severity, criminal history and victim characteristics, were considered. In other words: Should I prove the case? All decisions were constrained by office policies, resources and working relationships with judges and other agencies — factors that should be considered in research on prosecution and case disposition. (Opinions or points of view expressed represent the speaker and do not necessarily represent the official position or policies of the U.S. Department of Justice. Any product or manufacturer discussed is presented for informational purposes only and do not constitute product approval or enforcement by the U.S. Department of Justice.)