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Prosecutorial Discretion and Plea Bargaining in Federal Criminal Courts in the United States, 1983-1990
The primary purpose of this data collection was to study whether prosecutorial behavior was affected by the implementation of federal criminal sentencing guidelines in 1987. Monthly time series data were constructed on a number of prosecutorial outcomes, representing either discrete decision steps in the processing of criminal cases or the characteristics of cases that passed through the system. Variables include disposition year and month, number of matters initiated, number of cases filed, declined, and dismissed, number of convictions by trial, by jury, and by bench trial, number of guilty pleas, ratio of guilty pleas to cases resolved, and ratio of trials to cases resolved. The collection also provides a series of dichotomous variables to assess the impact of various events on prosecutorial outcomes over time. These events include the Anti-Drug Abuse Act of 1986 (effective November 1986), implementation of the sentencing guidelines (November 1987), Anti-Drug Abuse Act of 1988 (November 1988), United States Supreme Court's decision in the Minstretta case affirming the constitutionality of the sentencing guidelines (January 1989), and Attorney General Thornburgh's memo outlining Justice Department policy on charging and prosecution (March 1989).
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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
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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?
Examining Prosecutorial Decision-Making Across Federal District Courts, 2000-2009 [UNITED STATES]
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These data are part of NACJD's Fast Track Release and are distributed as they were received from the data depositor. The files have been zipped by NACJD for release, but not checked or processed except for the removal of direct identifiers. Users should refer to the accompanying readme file for a brief description of the files available with this collection and consult the investigator(s) if further information is needed. This study utilized data from the Bureau of Justice Statistics on federal criminal case processing to study jurisdictional variations in prosecutorial decision-making outcomes. It linked information across multiple federal agencies in order to track individual offenders across the various stages of the federal justice system. Specifically, it combined arrest information from the United States Marshall's Service with charging information from the Executive and Administrative Offices of the United States Attorney and with sentencing information from the United States Sentencing Commission. These individual data were subsequently augmented with additional information on federal courts to examine contextual variations in charging decisions across federal jurisdictions. There are three data files. Dataset 1 (Executive Office for United States Attorneys (EOUSA) and United States Marshals Service (USMS) Data) contains 88 variables and 284,869 cases. Dataset 2 (Administrative Office of the United States Courts (AOUSC) and United States Sentencing Commission (USSC) Data) contains 717 variables and 256,598 cases. Dataset 3 (United States District Court Characteristics Data) contains 6 variables and 89 cases. Only Dataset 3 is being released as part of the available study materials. Datasets 1 and 2 can be re-created using the syntax files which are included in the study materials.
Performance Measures in Prosecution and Their Application to Community Prosecution at Two Sites in the United States, 2005-2006
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The purpose of this study was to explore empirical evidence to support the performance measurement framework identified by the American Prosecutors Research Institute's (APRI) Prosecution Study for the 21st Century. The framework included promoting the fair, impartial, and expeditious pursuit of justice and ensuring public safety. Two prosecutors' offices participated in the study. One was a traditional office, and the other was a more community-oriented office. Each site submitted monthly data on the identified performance measures for analysis. APRI also designed and administered a public safety survey to assess a number of factors related to the performance of prosecutors' offices, but for which data could not be provided by the offices. The public safety surveys were administered by phone using random digit dialing (RDD). Part 1, Site 1 Administrative Data, contains 15 months of data, and Part 2, Site 2 Administrative Data, contain 6 months of data on the identified performance measures for analysis from each site. Part 3, Public Safety Survey Data, contains variables that provide some basic demographic data about the respondents and several variables in response to Likert-style questions measuring attitudes and opinions on six factors. These include the seriousness of local crime, safety of the environment, organizational behavior of the prosecutor's office, participation in the community, community education, and task performance.
National Survey of Judges and Court Practitioners, 1991
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The United States Sentencing Commission, established by the 98th Congress, is an independent agency in the judicial branch of government. The Commission's primary function is to institute guidelines that prescribe the appropriate form and severity of punishment for offenders convicted of federal crimes. This survey was developed in response to issues that arose during site visits conducted in conjunction with an implementation study of sentencing guidelines and was intended to supplement the information obtained in the more extensive site visit interviews. Topics include the impact of the plea agreement, departures by the court, mandatory minimum sentences, the general issue of unwarranted sentencing disparity, and whether this disparity had increased, decreased, or stayed about the same since the sentencing guidelines were imposed in 1987.
Federal Justice Statistics Program Data Series
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Investigator(s): Bureau of Justice Statistics Data in this collection examine the processing of federal offenders. The Cases Terminated files (Parts 1-3 and 25-28) contain information about defendants in criminal cases filed in the United States Federal District Court and terminated in the calendar year indicated. Defendants in criminal cases may either be individuals or corporations, and there is one record for each defendant in each case terminated. Information on court proceedings, date the case was filed, date the case was terminated, most serious charge, and reason for termination are included. The Docket and Reporting System files (Parts 4-7 and 31-34) include information on suspects in investigative matters that took an hour or more of a United States Attorney's time with one of the following outcomes: (1) the United States Attorney declined to prosecute, (2) the case was filed in Federal District Court, or (3) the matter was disposed by a United States magistrate. Codes for each disposition and change of status are also provided.The Pretrial Services data (Parts 8 and 22) present variables on the circuit, district, and office where the defendant was charged, type of action, year of birth and sex of the defendant, major offense charge, and results of initial and detention hearings. The Parole Decisions data (Part 9) contain information from various parole hearings such as court date, appeal action, reopening decision, sentence, severity, offense, and race and ethnicity of the defendant. The Offenders Under Supervision files (Parts 15-16 and 37-40) focus on convicted offenders sentenced to probation supervision and federal prisoners released to parole supervision. The Federal Prisoner files (Parts 18 and 20) supply data on when an offender entered and was released from confinement, as well as the amount of time served for any given offense.Years Produced: Annually.NACJD has prepared a resource guide for the Federal Justice Statistics Program.
대검찰청 무고죄 발생 및 처분 현황
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대검찰청에서 발간하는 범죄분석을 토대로 무고죄의 발생, 처분 상황(기소, 기소이외 처분, 기소율)을 제공함 * 기소 : 구공판, 구약식 * 기소 이외 처분 : 혐의없음, 기소유예, 죄가안됨, 공소권없음, 기소중지, 참고인중지, 보호사건 송치(소년, 아동, 성매매, 가정), 공소보류 * 가소율(%) = 기소 인원 / 처분인원 * 100(%)
Examining Prosecutorial Discretion in Federal Criminal Cases, [United States], 2002-2010
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These data are part of NACJD's Fast Track Release and are distributed as they were received from the data depositor. The files have been zipped by NACJD for release, but not checked or processed except for the removal of direct identifiers. Users should refer to the accompanying readme file for a brief description of the files available with this collection and consult the investigator(s) if further information is needed. This study directly examined the nature and characteristics of cases prosecuted in the federal courts by analyzing prosecutorial decisions to proceed with charges (or not) once an arrest is initiated, and to investigate any adjustment from the arresting offense to the charging offense. These decisions were analyzed to document their correlates and identify variation across case type. The collection contains 1 SPSS data file (2002-10-Arrest-cases--FINAL-ANALYSIS.sav (n=794,807; 43 variables)) and 1 SPSS syntax file.
Federal Justice Statistics Program: Defendants in Federal Criminal Cases in District Court -- Pending, 2011
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The data contain records of defendants in criminal cases filed in United States District Court before or during fiscal year 2011 and still pending as of year-end. The data were constructed from the Administrative Office of the United States District Courts' (AOUSC) criminal file. Defendants in criminal cases may be either individuals or corporations. There is one record for each defendant in each case filed. Included in the records are data from court proceedings and offense codes for up to five offenses charged at the time the case was filed. (The most serious charge at termination may differ from the most serious charge at case filing, due to plea bargaining or action of the judge or jury.) In a case with multiple charges against the defendant, a "most serious" offense charge is determined by a hierarchy of offenses based on statutory maximum penalties associated with the charges. The data file contains variables from the original AOUSC files as well as additional analysis variables, or "SAF" variables, that denote subsets of the data. These SAF variables are related to statistics reported in the Compendium of Federal Justice Statistics, Tables 4.1-4.5 and 5.1-5.6. Variables containing identifying information (e.g., name, Social Security number) were replaced with blanks, and the day portions of date fields were also sanitized in order to protect the identities of individuals. These data are part of a series designed by the Urban Institute (Washington, DC) and the Bureau of Justice Statistics. Data and documentation were prepared by the Urban Institute.
Monitoring of Federal Criminal Convictions and Sentences: Appeals Data Series
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Investigator(s): U.S. Sentencing Commission This collection contains appellate information from the 12 circuit courts of appeals of the United States. The United States Sentencing Commission compiled from the Clerk of the Court of each court of appeals the final opinions and orders, both published and unpublished, in all criminal appeals for the time period surveyed. The Commission also collected habeas corpus decisions (although technically civil matters), because such cases often involve sentencing issues. Both the "case" and the "defendant" are used in this collection as units of analysis. Each "case" comprises individual records representing all codefendants participating in a consolidated appeal. Each defendant's record comprises the sentencing-related issues corresponding to that particular defendant. The 1993 data file (Part 1) includes all appeals cases received by the U.S. Sentencing Commission as of December 22, 1993, that had disposition dates between March 9, 1990, and September 30, 1993 (inclusive). The 1994 file (Part 2) includes all appeals cases received as of December 23, 1994, that had disposition dates between October 1, 1993, and September 30, 1994 (inclusive). The 1995 data file (Part 6) includes all appeals cases received as of December 26, 1995, that had disposition dates between October 1, 1994, and September 30, 1995 (inclusive).Years Produced: Updated annually.