ALTERNATIVES TO CONVENTIONAL CRIMINAL ADJUDICATION: GUIDEBOOK FOR PLANNERS AND PRACTITIONERS

• NCJ Number: 41517
• Author(s): D E AARONSON; N N KITTRIE; D J SAARI; C S COOPER
• Date Published: 1977
• Length: 175 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
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS GUIDEBOOK IS A REPORT TO PLANNERS AND PRACTITIONERS OF AN EIGHTEEN-MONTH SURVEY OF ALTERNATIVES TO CONVENTIONAL CRIMINAL ADJUDICATION AND THEIR IMPACT ON THE ACTIVITIES OF THE CRIMINAL JUSTICE SYSTEM.

Abstract

RESEARCHERS COLLECTED AND ANALYZED A LARGE AMOUNT OF WRITTEN DOCUMENTATION AND EVALUATIVE REPORTS ON ALTERNATIVE PROJECTS THROUGHOUT THE COUNTRY AND, IN ADDITION, VISITED OVER 20 CITIES TO EXAMINE THEIR ALTERNATIVE PROCEDURES. TO FACILITATE ANALYSIS OF THE RELATIONSHIPS AMONG VARIOUS ALTERNATIVES AND ACTORS IN THE CRIMINAL JUSTICE SYSTEM, A MATRIX WAS PREPARED WITH THE DECISION POINTS AT ALTERNATIVES WHICH CAN APPLY ON THE HORIZONTAL AXIS AND AT INDIVIDUALS AND AGENCIES WHICH MIGHT APPLY ALTERNATIVES IN THE VERTICAL AXIS. AMONG THE INDIVIDUALS AND AGENCIES EXAMINED ARE: LEGISLATORS, POLICE, PROSECUTORS, TRIAL COURTS, DEFENSE COUNSELS, PUBLIC AND PRIVATE AGENCIES, CITIZENS, PROBATION AND PAROLE OFFICERS, AND APPELLATE COURTS. THE DECISION POINTS WERE CATEGORIZED IN THE FOLLOWING MANNER: 1) DECISION TO DEFINE CONDUCT AS A CRIME; 2) DECISION TO FOCUS ATTENTION ON A SUSPECT; 3) DECISION TO ARREST; 4) DECISION TO CHARGE; 5) DECISION TO RELEASE DEFENDANT PENDING TRIAL OR DISPOSITION; 6) DECISION ON PRETRIAL MOTIONS AND APPLICATIONS; 7) DECISION TO TRY OR TO ACCEPT A PLEA; AND 8) DECISION TO SENTENCE. WITHIN THIS TYPOLOGY MORE THAN 70 DIFFERENT MODELS OF ALTERNATIVES ARE DEFINED AND EXAMINED. THIS GUIDEBOOK OFFERS CRIMINAL JUSTICE PLANNERS AND PRACTITIONERS NEW AND USEFUL IDEAS FOR PLANNING, COMPARISONS OF IDEAS PLACING THEM INTO A NEW CONTEXT, A REALISITC VIEW OF ALTERNATIVES BASED UPON EMPIRICAL STUDY, AND A REFERENCE TOOL FOR LONG TERM FUTURE USE. IT SUMMARIZES THE PLANNING TASKS WHICH LIE AHEAD FOR THOSE WHO WISH TO CONSIDER ALTERNATIVES TO CONVENTIONAL ADJUDICATION FOR LESS SERIOUS OFFENSES AND OFFENDERS, EMPHASIZING THOSE ALTERNATIVES WHICH ARE RELATED TO OR ARE LIKELY TO HAVE A MAJOR IMPACT UPON THE COURTS AND THE ADJUDICATORY PROCESS, AS OPPOSED TO THE CORRECTIONAL SYSTEM. APPENDED MATERIALS INCLUDE SAMPLE TEXTS OF ALTERNATIVES ESTABLISHED THROUGH LEGISLATION AND COURT RULE, NATIONAL STANDARDS RELEVANT TO ALTERNATIVE PLANNING, AND A SELECTED LIST OF ALTERNATIVE PROJECTS. FOR THE THREE VOLUME REPORT ON THE ORIGINAL 18-MONTH RESEARCH PROJECT, SEE NCJ-19974. (AUTHOR ABSTRACT MODIFIED)