NCJ Number
48045
Date Published
1977
Length
48 pages
Annotation
DATA ON FELONY PROSECUTIONS IN THE ALAMEDA COUNTY SUPERIOR COURT FROM 1880 THROUGH 1974 ARE ANALYZED IN A STUDY OF THE COURT'S FELONY-PROCESSING PRACTICES.
Abstract
THE HISTORY OF THE ORGANIZATION OF THE ALAMEDA COUNTY SUPERIOR COURT AND OF THE COURT'S PROCEDURES FOR HANDLING FELONY CASES IS TRACED. RATES OF PROSECUTION (CASES PER 100,000 POPULATION), RATES OF PROSECUTION FOR SPECIFIC KINDS OF CRIMES (CRIMES AGAINST THE PERSON, PROPERTY CRIMES, MORALS OFFENSES, PUBLIC ORDER OFFENSES, DRUG-RELATED OFFENSES, REGULATORY OFFENSES), AND CHARACTERISTICS OF PERSONS PROSECUTED FOR FELONIES ARE ANALYZED, AS ARE DATA ON TYPES OF ATTORNEYS (PUBLIC, PRIVATE) USED BY DEFENDANTS, PRETRIAL RELEASE (BAIL OR RELEASE ON RECOGNIZANCE), PLEAS, DISPOSITIONS, AND SENTENCES. IN EACH AREA, GRAPHS DEPICT PATTERNS AND CHANGES FROM 1880 THROUGH 1974. AMONG FORMAL, STRUCTURAL CHANGES IN THE COUNTY'S CRIMINAL JUSTICE SYSTEM DURING THE PERIOD STUDIED ARE THE ESTABLISHMENT OF THE SUPERIOR COURT AND THE SHIFT TO PROSECUTION BY INFORMATION (AS OPPOSED TO GRAND JURY INDICTMENT) IN 1880, THE CREATION OF THE PUBLIC DEFENDER'S OFFICE IN 1927, AND AUTHORIZATION FOR BENCH TRIALS IN FELONY CASES IN 1928. HOWEVER, SOME OF THE MORE SIGNIFICANT CHANGES HAVE BEEN IN THE BEHAVIOR, RATHER THAN THE FORMAL STRUCTURE, OF THE SYSTEM. AMONG SUCH CHANGES ARE THE SHIFT FROM JURY TRIALS TO PLEA NEGOTIATIONS, THE GROWTH IN THE RATE OF FELONY PROSECUTIONS, AND THE PROFESSIONALIZATION OF THE CRIMINAL JUSTICE SYSTEM. ONE REACTION TO SUCH TRENDS WAS CALIFORNIA'S ABANDONMENT OF INDETERMINATE SENTENCING IN 1977. SUPPORTING DATA ARE INCLUDED. (LKM)