Pathways to Offense Charging: Examining Defense Decision-Making During Case Processing

Prosecutors are afforded significant discretionary power in the current justice system. While much attention has been given to the factors that influence charging decisions, little is known about decision-making in the charging process itself. Moreover, research has yet to examine the mechanisms use...

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Bibliographic Details
Authors: Henry, Tri Keah S. (Author) ; Henderson, Howard (Author)
Format: Electronic Article
Language:English
Published: 2023
In: Criminal justice and behavior
Year: 2023, Volume: 50, Issue: 9, Pages: 1299-1320
Online Access: Volltext (lizenzpflichtig)
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Keywords:
charging practices
case outcomes
Case processing
Prosecutorial Discretion
Description
Summary:Prosecutors are afforded significant discretionary power in the current justice system. While much attention has been given to the factors that influence charging decisions, little is known about decision-making in the charging process itself. Moreover, research has yet to examine the mechanisms used to initiate charging: grand jury indictments or the information. As these charging processes are characteristically different and may have significant implications for case processing and justice outcomes, it is important to explore what factors influence decision-making at this early stage. The current study addresses these shortcomings using case-processing data from a large urban jurisdiction. Results indicate significant differences between defendants charged via grand jury and information processes. In addition, charging pathways have important consequences for case outcomes.
ISSN:1552-3594
DOI:10.1177/00938548231170797