The Structure of Criminal Procedure: Laws and Practice of France, the Soviet Union, China, and the United States

By Barton L. Ingraham | Go to book overview

4
SCREENING

Screening out cases which do not merit criminal prosecution goes on from the moment a crime first comes to the attention of a government official (usually the police) to the time someone (usually the prosecutor) makes a decision to file a formal accusation in a court of appropriate jurisdiction. In the United States, for example, the police may decide not to arrest a suspect, even when they have sufficient evidence to do so. 1 Prosecutors, in their almost boundless discretion, may decide not to prosecute, or to withhold prosecution while the accused submits voluntarily to a diversion treatment program or informal probation. Magistrates (usually judges of lower criminal courts of limited jurisdiction) may decide at preliminary hearings or grand jurors at a grand jury hearing that the prosecutor has not adduced sufficient credible evidence to justify prosecution. 2 The definition of screening should also be extended to include decisions other than those not to arrest or prosecute, such as decisions to settle the case by trading possible criminal charges or penalty recommendations for the accused's agreement not to contest the prosecution or to enter a plea of guilty. Even though such agreements do not avoid the formalities of accusation and prosecution, they do eliminate or abbreviate later stages of the proceeding, such as trial and appeal, and, like other screening procedures, reduce the administrative burdens on the system.

Screening practices may or may not be regulated by legal rules of

-47-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Structure of Criminal Procedure: Laws and Practice of France, the Soviet Union, China, and the United States
Table of contents

Table of contents

  • Recent Titles in Contributions in Criminology and Penology ii
  • Title Page iii
  • Contents vii
  • Foreword ix
  • Acknowledgments xv
  • Abbreviations xvii
  • I - Introduction 1
  • I - Opening Remarks 3
  • 2 - The Analytical Model: The Morphology of Criminal Procedure 19
  • II - Use of the Model in the Comparison of Four Modern Procedural Systems 35
  • 3 - Intake 37
  • 4 - Screening 47
  • 5 - Charging and Protecting 61
  • 6 - Adjudication 85
  • 7 - Sanctioning 97
  • 8 Appeal 115
  • 9: Uses of the Analytical Model 117
  • Notes 125
  • Bibliography 173
  • Index to Cases Cited 185
  • Subject Index 189
  • About the Author 197
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 200

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.