NCJ Number
45977
Date Published
1977
Length
35 pages
Annotation
THE PRIORITY AND REPEATING OFFENDER DIVISION (PROD) OF THE ALBUQUERQUE (N. MEX.) DISTRICT ATTORNEY'S OFFICE HAS AS ITS MAIN GOAL THE IDENTIFICATION AND EXPENDITIOUS PROCESSING OF THE VIOLENT RECIDIVISTIC CRIMINAL.
Abstract
THE RATIONALE UNDERLYING THE PROD PROSECUTORIAL PROGRAM IS THAT A MAJOR SOLUTION TO THE CRIME PROBLEM REQUIRES THE REMOVAL OF THE CAREER CRIMINAL FROM SOCIETY FOR AS LONG AS POSSIBLE DURING ANY REHABILITATIVE EFFORTS HE IS UNDERGOING. IT IS HOPED THAT BY SO DOING, IT WOULD NOT ONLY PREVENT THE INCORRIGIBLE FELON FROM COMMITTING FURTHER FELONIES BUT WOULD ALSO DETER OTHER WOULD-BE CRIMINALS FROM EMBARKING ON SUCH A CAREER. PROSPECTIVE PROD CASES ARE FIRST SCREENED BY A LIAISON OFFICER FROM A LAW ENFORCEMENT AGENCY. A PARALEGAL COORDINATOR THAN DETERMINES WHETHER THE FELONY CASE FITS THE CRITERIA WHICH DEFINE THE OFFENDER AS A CAREER CRIMINAL. FOLLOWING ACCEPTANCE BY THE DIVISION, THE DIVISION SEEKS REVOCATION OF PROBATION/PAROLE, SEEKS CASE OR SURETY BOND HIGH ENOUGH TO ENSURE OFFENDER APPEARANCE AND COMPLIANCE, REQUESTS EXPEDITED TRIAL WITHIN 60 DAYS OR LESS, AND UPON CONVICTION SEEKS CONSECUTIVE SENTENCES AND FILES HABITUAL OFFENDER SUPPLEMENTAL INFORMATION TO ENHANCE THE SENTENCE. VICTIMS ARE REQUESTED TO APPEAR AT THE DEFENDANT'S SENTENCING, AND IF APPEAL IS TAKEN, THE HIGHEST POSSIBLE APPEAL BOND IS SOUGHT. THE DIVISION EXPECTS TO GO TO TRIAL IN 75 PERCENT OF PROD CASES BECAUSE ONLY VERY HIGH PLEAS WILL BE ACCEPTED PRIOR TO TRIAL. BEFORE A PLEA TO ANYTHING LESS THAN ALL CHARGES AND ALL POSSIBLE HABITUAL CRIMINAL ALLEGATIONS IS ACCEPTED, THE APPROVAL OF THE VICTIM AND/OR THE MAJOR POLICE INVESTIGATOR IS SOUGHT. PROD CASES WILL NOT BE DISMISSED OR DISCONTINUED IF A DEFENDANT AGREES TO PLEAD A NON-PROD FELONY WITHOUT A HIGHLY JUSTIFIABLE REASON AND WRITTEN APPROVAL. A STUDY OF 120 PROD DEFENDANTS INDICATED THAT 91 PERCENT WERE MALE, AVERAGE AGE WAS 27.1 YEARS, 55 PERCENT WERE SINGLE, AND MOST HAD A LONG HISTORY OF ARRESTS (10.9), AND 2 PRIOR CONVICTIONS. ETHNIC BACKGROUND OF THE SAMPLE WAS 71 PERCENT HISPANIC, 21 PERCENT ANGLO, AND 8 PERCENT BLACK. AVAILABLE INFORMATION INDICATES THAT A LARGE PERCENTAGE OF OFFENDERS WERE ADDICTED TO OR INVOLVED IN DRUG ABUSE. OVER 70 PERCENT OF THE PROD CASES WERE PROCESSED (ACCEPTANCE TO DISPOSITION) IN 120 DAYS OR LESS. MEAN TIME FROM ARREST TO DISPOSITION WAS 100 DAYS. CONVICTIONS OR PLEAS TO TOP FELONIES WERE OBTAINED IN 45 PERCENT OF THE CASES AND 60 PERCENT OF THE INDIVIDUALS CHARGED WERE CONVICTED OR PLED TO CHARGES. PRIMARY REASONS FOR FAILURES TO CONVICT INCLUDED INSUFFICIENT/INCORRECT EVIDENCE, GRAND JURY REFUSALS, NO VICTIM OR NO VICTIM COOPERATION, OR LACK OF WITNESS AVAILABILITY OR CREDIBILITY. RESULTS INDICATE THAT DESPITE PROBLEMS PROD IS OBTAINING A RELATIVELY HIGH CONVICTION RATE WITHIN A REASONABLY SHORT TIME. INDICATIONS ARE THAT RELATIVELY STRINGENT SENTENCES ARE BEING GIVEN. PROGRAM PROBLEMS ARE BRIEFLY ANALYZED. (JAP)