ALTERNATIVES TO CONVENTIONAL ADJUDICATION - A RESEARCH REPORT (ISSUED IN THREE NUMBERED VOLUMES)

• NCJ Number: 19974
• Author(s): D E AARONSON; NN KETTRIE; D J SAARI
• Date Published: 1975
• Length: 1787 pages
• Grant Number(s): 73-NI-99-0023-G; 75-NI-99-0050
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: American University
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE PROBLEMS FACED BY THE TRIAL COURT SYSTEM, THE CONVENTIONAL METHODS OF DEALING WITH THEM, AND A PROPOSAL FOR NEW PROCEDURES TO USE IN PROCESSING CRIMINAL COURT CASES.

Abstract

THIS REPORT IS DIVIDED INTO SEVEN CHAPTERS AND SEVERAL APPENDIXES. CHAPTERS ONE AND TWO DISCUSS THE PROBLEMS FACED BY THE TRIAL COURT AND PRESENT A THEORETICAL FRAMEWORK FOR ANALYSIS OF THE COURT AND ALTERNATIVE DISPUTE RESOLUTION METHODS. CHAPTER THREE CLASSIFIES AND DEFINES ALTERNATIVES TO CONVENTIONAL CRIMINAL ADJUDICATION. A TWO-DIMENSIONAL MATRIX IS PRESENTED IN WHICH THE PRINCIPAL STEPS OR 'DECISIONS' IN THE CRIMINAL JUSTICE PROCESS ARE LISTED ACROSS THE HORIZONTAL AXIS AND THE ACTORS WHO PARTICIPATE IN OR DIRECT THE STEPS ARE LISTED ACROSS THE VERTICAL AXIS. ACTUAL AND POSSIBLE ALTERNATIVE PROGRAMS OR ACTIVITIES THAT MIGHT RESULT FROM THE INTERACTION OF ACTORS AND STEPS IN THE PROCESS ARE DESCRIBED IN THE MATRIX CELLS. THE EIGHT DECISIONS INCLUDE THE FOLLOWING; THE DECISION TO DEFINE CERTAIN CONDUCT AS A CRIME; THE DECISION TO FOCUS ATTENTION ON A SUSPECT; THE DECISION TO ARREST; THE DECISION TO CHARGE; THE DECISION TO RELEASE DEFENDANT PENDING TRIAL OR DISPOSITION, DECISION ON PRE-TRIAL MOTIONS AND APPLICATIONS; THE DECISION TO TRY OR TO ACCEPT PLEA; AND THE DECISION TO SENTENCE. THE 'ACTORS' ARE IDENTIFIED AS LEGISLATURES, POLICE DEPARTMENTS, PROSECUTOR OFFICES, TRIAL COURTS, DEFENSE BAR, PUBLIC NONCRIMINAL JUSTICE AND PRIVATE AGENCIES, CITIZENS/VOLUNTEERS, PROBATION AND PAROLE OFFICERS, AND APPELLATE COURTS. SUGGESTED ALTERNATIVES TO CONVENTIONAL CRIMINAL COURT ADJUDICATION ARE IDENTIFIED AS EITHER TRADITIONAL, EMERGENT OR POTENTIAL, AND INCLUDE COMMUNITY COURTS, THE CREATION OF AN ADMINISTRATIVE TRIBUNAL, STATUTORY DECRIMINALIZATION RESTRICTIONS ON PLEA BARGAINING, PREARREST CASE FINDING, STATION HOUSE RELEASE, AND STATUTORY PROVISIONS FOR FIELD CITATION RELEASE, AMONG OTHERS. CHAPTER FOUR EXAMINES EVALUATION METHODOLOGY AS APPLIED TO THESE ALTERNATIVES AND INCLUDES DISCUSSIONS OF HOW TO BUILD EVALUATIONS INTO NEW PROGRAMS AND COST-BENEFIT ANALYSIS. CHAPTER FIVE, DEVOTED TO LEGAL ISSUES AND SUGGESTED ANSWERS, CONSIDERS THE CONSTITUTIONAL, STATUTORY AND CASE LAW OF WHICH THE PROGRAM PLANNER SEEKING TO INSTITUTE ALTERNATIVES TO CONVENTIONAL CRIMINAL ADJUDICATION MUST BE AWARE. CHAPTER SIX, ON ORGANIZATIONAL IMPLICATIONS OF ALTERNATIVES, DISCUSSES THE IMPACT OF ALTERNATIVES ON THE TRIAL COURT, OTHER AGENCIES AND THE CRIMINAL JUSTICE SYSTEM AS A WHOLE AND IN RELATION TO OTHER ORGANIZATIONS IN GOVERNMENT. THE PUBLIC POLICY IMPLICATIONS OF ALTERNATIVES, INCLUDING COMMUNITY CONCERNS, ARE ALSO DESCRIBED. CHAPTER SEVEN CONTAINS STUDY RECOMMENDATIONS AND CONLCUSIONS. THIS REPORT INCLUDES THREE APPENDIXES. APPENDIX I CONTAINS DETAILED DESCRIPTIONS OF PROGRAMS REFERRED TO IN THE TEXT. APPENDIX II PRESENTS A COMPARITIVE LAW PERSPECTIVE ON 'ALTERNATIVES'. APPENDIX III IS AN EXAMINATION OF CIVIL LAW AND ANALOGIES TO CRIMINAL JUSTICE SYSTEM ALTERNATIVES. (AUTHOR ABSTRACT MODIFIED)