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Frohmann,( 1991) discusses case screening as being the gateway to the criminal court system. She conducted research on how prosecutors account for their decision to reject sexual assault cases for prosecution, with a focus on discrediting victims' rape allegation in the prosecutor's justification. One of the first things discussed in the article covers the credibility of the victim and the role that this plays not only in whether or not the police department will investigate and/or make an arrest; it also influences the prosecutors' and the manner in which they handle a sexual assault case. Some of the research utilized in the article explains that the credibility of a victim is completely separate and exists independently from the interpretation of the prosecution and their assessment of the victims' credibility. On the other hand, there is research that supports the premise that credibility of the victim is constructed on the interactions that the prosecution has with the victim. It is further explained that the victims' credibility is what will be used to determine if the victim would be a good witness in their case. A prosecutor would want a victim that can convince the jury that her recant of the events that occurred are accurate leaving very little to no doubt that what the victim has stated could be false or fabricated in any way. A prime candidate that would fit this description is one that is sincere, consistent and able to give a proper account of the events of the date in question that is convincing to the jury.
Spohn, Beichner, & Davis-Frenzel,(2001) in their research start off by making the same reference regarding the gateway to the criminal court system. In this article the researcher begin by expressing the ideals behind the unchecked discretionary power that prosecutors have over what cases will and will not be filed. It is explained that the prosecution is the gate keeper with the ability to determine who will be charged, what charge will be filed, who will be offered a plea bargain, and what type of bargain will in fact be offered. One aspect that is prominent in both writings i.e. The current research and the research conducted...
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