The Anatomy of Discretion: An Analysis of Prosecutorial Decision-making for Cases Processed by Offices in One Northern County and One Southern County, 2007-2010 (ICPSR 32542)
Prosecuting attorneys enjoy broad discretion in making decisions that influence criminal case outcomes. This study examines the impact of legal, quasi-legal, and extra-legal factors on case outcomes throughout the prosecutorial process. It then examines how prosecutors weigh these factors in their decision making and explores the formal and informal mechanisms that constrain or regulate prosecutors' decision-making.
The study examines case screening decisions, charging decisions, plea offers, sentence recommendations, and dismissals in two moderately large county prosecutors' offices. It includes statistical analyses of actual case outcomes, responses to a standardized set of hypothetical cases, and responses to a survey of prosecutors' opinions and priorities, as well as qualitative analyses of two waves of individual interviews and focus groups. It addresses the following questions:
- How did prosecutors define and apply the concepts of justice and fairness?
- What factors were associated with prosecutorial outcomes at each stage?
- How did prosecutors interpret and weigh different case-specific factors in making decisions at each stage?
- How did contextual factors constrain or regulate prosecutorial decision making?
- How consistent were prosecutors' decisions across similar cases? What case-level and contextual factors influenced the degree of consistency?
Assessment of Defense and Prosecutorial Strategies in Terrorism Trials in the United States, 1980-2004 (ICPSR 26241)
Comparing Court Case Processing in Nine Courts, 1979-1980 (ICPSR 8621)
Evaluation of a Repeat Offender Unit in Phoenix, Arizona, 1987-1989 (ICPSR 9793)
Evaluation of the Hawaii Opportunity Probation with Enforcement (HOPE) Community Supervision Strategy, 2007-2009 (ICPSR 27921)
Examining the Effectiveness of Indigent Defense Team Services: A Multisite Evaluation of Holistic Defense in Practice, Kentucky, Minnesota, Rhode Island, 2015-2018 (ICPSR 37361)
Exploring the Reach of Evidence Outside the Jury Box [United States], 2005-2011 (ICPSR 34679)
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The purpose of the study was to compare how the quantity versus the quality of evidence influences the likelihood of trial convictions and plea decisions and examine whether evidence has differential impacts on the perceived likelihood of trial convictions and plea values. In Phase I (Phase I Data, n=2,593) defense attorneys, prosecutors, and judges, representing all 50 states and the District of Columbia, completed an online survey of a hypothetical legal case in which the presence of three types of evidence (confession, eyewitness, and DNA) and length of defendant criminal history were manipulated. In Phase II (Phase II Data, n=502), researchers worked with two District Attorneys' offices in New York state to code the contents of case files. Researchers coded 502 closed cases from 2005 and 2006, all of which originated as felony arrests. Researchers also obtained criminal history record information on the defendants involved in the cases.
Governmental Responses to Crime in the United States, 1948-1978 (ICPSR 8076)
Homicide, Bereavement, and the Criminal Justice System in Texas, 2000 (ICPSR 3263)
Impact Evaluation of Stop Violence Against Women Grants in Dane County, Wisconsin, Hillsborough County, New Hampshire, Jackson County, Missouri, and Stark County, Ohio, 1996-2000 (ICPSR 3252)
Impact of the No Early Release Act (NERA) on Prosecution and Sentencing in New Jersey, 1996-2000 (ICPSR 4178)
Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011 (ICPSR 32181)
Information and Communication Technology (ICT) for Crown Prosecutors' Offices (ICPSR 22240)
Information and communication technology (ICT) are playing an important role in the criminal justice chain, but very little is known about public prosecutor's offices, while there is a strong need to exchange information among practitioners, decision makers, and scholars in order to share experiences, knowledge, and facilitate the adoption of common ICT solutions and practices in a cost-effective way.
This Research Project stresses the need to pursue judicial cooperation in the area of criminal law, and it contributes to fostering mutual knowledge of European legal and judicial systems as well as best practices and technological solutions. The Project is not limited to legal literature, but it has an inter-disciplinary approach, and it focuses on practical experiences and policies implemented. The project will lead to a conference to disseminate the information collected, to pass on knowledge of immediate use in carrying on professional activities, as well as to increase the number of practitioners, academics, and policy makers who will take advantage of and profit from the research. The research entails six in-depth case studies. Four of them will be carried on by the organizations' partners in this research: England and Wales, Finland, Italy, the Netherlands, two others are in the process to be identified.
After a description of the governance system of public prosecution in the countries considered in this study, since ICT application are not developed in a vacuum, the research will describe, study, and compare through an in-depth analysis: (1) the use of ICT in case investigations, (2) the use of ICT for case management, (3) the ICT interoperability between public prosecutor's offices, courts, police and prisons, and (4) the use of ICT for sharing prosecutorial information between countries.
The research will allow to: (a) detect the valuable and successful implementations of ICT in criminal investigations (e.g. decision support systems, access to data bases, multimedia applications), (b) disseminate technical information about these applications, (c) explore the feasibility for cross-border exchange of data such as criminal history records and illegal immigration records, (d) develop a network of scholars and practitioners about ICT for public prosecutor's offices.
This report structure, should serve as a guide to the researchers working on the various countries. It is divided into three main sections. Section 1 will deal with the institutional setting of public prosecutor. Section 2 will deal with ICT history, governance and infrastructures. Section 3 will deal with technologies for investigation and prosecution of crimes.
National Justice Agency List, 1980 (ICPSR 7858)
National Manpower Survey, 1973-1976 (ICPSR 7675)
National Portrait of Domestic Violence Courts (ICPSR 27282)
National Prosecutors Survey, 1990 (ICPSR 9579)
National Prosecutors Survey, 1992 (ICPSR 6273)
National Prosecutors Survey, 1994 (ICPSR 6785)
National Prosecutors Survey, 1996 (ICPSR 2433)
National Prosecutors Survey, 2005 (ICPSR 4600)
National Prosecutors Survey [Census], 2001 (ICPSR 3418)
National Prosecutors Survey [Census], 2007 (ICPSR 33202)
Prosecution of Felony Arrests, 1982: Portland, Oregon and Washington, D.C. (ICPSR 8717)
Prosecution of Felony Arrests, 1982: St. Louis (ICPSR 8705)
Prosecution of Felony Arrests, 1986: Indianapolis, Los Angeles, New Orleans, Portland, St. Louis, and Washington, DC (ICPSR 9094)
Prosecutor's Management and Information System (PROMIS), New Orleans, 1979 (ICPSR 8219)
Prosecutor's Management Information System (PROMIS), Rhode Island, 1979 (ICPSR 8288)
Prosecutor's Management Information System (PROMIS), St. Louis, 1979 (ICPSR 8225)
Repeat Offender Laws in the United States: Forms, Uses, and Perceived Value, 1983 (ICPSR 9328)
Response to Terrorism by Local Prosecutors in 70 Large Jurisdictions in the United States, 2004 (ICPSR 20262)
State and Local Prosecution and Civil Attorney Systems, 1976 (ICPSR 7674)
Survey of Prosecutorial Response to Bias-Motivated Crime in the United States, 1994-1995 (ICPSR 3009)
Survey of Prosecutors' Views on Children and Domestic Violence in the United States, 1999 (ICPSR 3103)
Systems and Training Requirements for Criminal Justice Participants (PROJECT STAR), 1971-1974: California, Michigan, New Jersey, Texas (ICPSR 8392)
Systems Change Analysis of Sexual Assault Nurse Examiner (SANE) Programs in One Midwestern County of the United States, 1994-2007 (ICPSR 25881)
The purpose of this study was to determine whether adult sexual assault cases in a Midwestern community were more likely to be investigated and prosecuted after the implementation of a Sexual Assault Nurse Examiner (SANE) program, and to identify the 'critical ingredients' that contributed to that increase.
Part 1 (Study 1: Case Records Quantitative Data) used a quasi-experimental, nonequivalent comparison group cohort design to compare criminal justice systems outcomes for adult sexual assault cases treated in county hospitals five years prior to the implementation of the Sexual Assault Nurse Examiner (SANE) program (January 1994 to August 1999) (the comparison group, n=156) to cases treated in the focal SANE program during its first seven years of operation (September 1999 to December 2005) (the intervention group, n=137). Variables include focus on case outcome, law enforcement agency that handled the case, DNA findings, and county-level factors, including prosecutor elections and the emergence of the focal SANE program.
Part 2 (Study 2: Case Characteristics Quantitative Data) used the adult sexual assault cases from the Study 1 intervention group (post-SANE) (n=137) to examine whether victim characteristics, assault characteristics, and the presence and type of medical forensic evidence predicted case progression outcomes.
Part 3 (Study 3: Police and Prosecutors Interview Qualitative Data) used in-depth interviews in April and May of 2007 with law enforcement supervisors (n=9) and prosecutors (n=6) in the focal county responsible for the prosecution of adult sexual assault crimes to explore if and how the SANEs affect the way in which police and prosecutors approach such cases. The interviews focused on four main topics: (1) whether they perceived a change in investigations and prosecution of adult sexual assault cases in post-SANE, (2) their assessment of the quality and utility of the forensic evidence provided by SANEs, (3) their perceptions regarding whether inter-agency training has improved the quality of police investigations and reports post-SANE, and (4) their perceptions regarding if and how the SANE program increased communication and collaboration among legal and medical personnel, and if such changes have influenced law enforcement investigational practices or prosecutor charging decisions.
Part 4 (Study 4: Police Reports Quantitative Data) examined police reports written before and after the implementation of the SANE program to determine whether there had been substantive changes in ways sexual assaults cases were investigated since the emergence of the SANE program. Variables include whether the police had referred the case to the prosecutor, indicators of SANE involvement, and indicators of law enforcement effort.
Part 5 (Study 5: Survivor Interview Qualitative Data) focused on understanding how victims characterized the care they received at the focal SANE program as well as their expriences with the criminal justices system. Using prospective sampling and community-based retrospective purposive sampling, twenty adult sexual assault vicitims were identified and interviewed between January 2006 and May 2007. Interviews covered four topics: (1) the rape itself and initial disclosures, (2) victims' experiences with SANE program staff including nurses and victim support advocates, (3) the specific role forensic evidence played in victims' decisions to participate in prosecution, and (4) victims' experiences with law enforcement, prosecutors, and judicial proceedings, and if/how the forensic nurses and advocates influenced those interactions.
Part 6 (Study 6: Forensic Nurse Interview Qualitative Data) examined forensic nurses' perspectives on how the SANE program could affect survivor participation with prosecution indirectly and how the interactions between SANEs and law enforcement could be contributing to increased investigational effort. Between July and August of 2008, six Sexual Assault Nurse Examiners (SANEs) were interviewed. The interviews explored three topics: (1) the nurses' philosophy on victim reporting and participating in prosecution, (2) their perceptions regarding how patient care may or may not affect victim participation in the criminal justice system, and (3) their perception of how the SANE programs influence the work of law enforcement investigational practices.The interviews explored three topics: (1) the nurses' philosophy on victim reporting and participating in prosecution, (2) their perceptions regarding how patient care may or may not affect victim participation in the criminal justice system, and (3) their perception of how the SANE programs influence the work of law enforcement investigational practices.