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CRIMINAL CHARGE OR PROBATION VIOLATION? PROSECUTORIAL DISCRETION AND IMPLICATIONS FOR RESEARCH IN CRIMINAL COURT PROCESSING *
Author(s) -
KINGSNORTH RODNEY F.,
MacINTOSH RANDALL C.,
SUTHERLAND SANDRA
Publication year - 2002
Publication title -
criminology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 3.467
H-Index - 139
eISSN - 1745-9125
pISSN - 0011-1384
DOI - 10.1111/j.1745-9125.2002.tb00966.x
Subject(s) - dismissal , discretion , punishment (psychology) , sanctions , criminology , prison , law , political science , sentence , criminal law , psychology , sentencing guidelines , criminal procedure , phenomenon , social psychology , physics , computer science , quantum mechanics , artificial intelligence
Feeney et al. (1983) observe that arrests not resulting in convictions may nonetheless receive substantial punishment through reliance on alternative, less formal, means of imposing sanctions. Utilizing a sample of 1427 domestic violence cases supplemented by interviews with prosecutors, we analyze this phenomenon. We conclude that the majority of cases disposed by such means originate as new criminal charges, which are then rejected or dismissed in favor of resolution through use of the prosecutor's power to initiate probation violation hearings. In almost all instances, these cases result in a jail or prison sentence, underlining that outcomes such as “rejection” and “dismissal” are not synonymous with case termination. Failure to appreciate this distinction can lead to serious measurement error.