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Don Stemen

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Full-Text Articles in Law

Rules, Resources, And Relationships: Contextual Constraints On Prosecutorial Decision Making, Don Stemen Mar 2012

Rules, Resources, And Relationships: Contextual Constraints On Prosecutorial Decision Making, Don Stemen

Don Stemen

In the American criminal justice system, prosecuting attorneys arguably enjoy broader discretion than any other system actor. Research, however, is beginning to show that prosecutorial discretion is not nearly as unconstrained as initially thought. Relying on in-depth interviews and surveys of prosecutors in two large urban/suburban county prosecutors’ offices, this article examines prosecutors’ decision making processes, exploring internal and external, formal and informal mechanisms that regulate prosecutors’ decision making. We find that prosecutorial discretion is constrained by several factors. Internal rules or policies within the prosecutor’s office often determine whether a case is accepted or rejected for prosecution, what the …


Rules, Resources, And Relationships: Contextual Constraints On Prosecutorial Decision Making, Don Stemen, Bruce Frederick Mar 2012

Rules, Resources, And Relationships: Contextual Constraints On Prosecutorial Decision Making, Don Stemen, Bruce Frederick

Don Stemen

In the American criminal justice system, prosecuting attorneys arguably enjoy broader discretion than any other system actor. Research, however, is beginning to show that prosecutorial discretion is not nearly as unconstrained as initially thought. Relying on in-depth interviews and surveys of prosecutors in two large urban/suburban county prosecutors’ offices, this article examines prosecutors’ decision making processes, exploring internal and external, formal and informal mechanisms that regulate prosecutors’ decision making. We find that prosecutorial discretion is constrained by several factors. Internal rules or policies within the prosecutor’s office often determine whether a case is accepted or rejected for prosecution, what the …