NCJ Number
53782
Date Published
1976
Length
17 pages
Annotation
A WASHINGTON, D.C., PILOT STUDY IN MAY 1976 ATTEMPTS TO ASSESS THE BURDEN IMPOSED ON THE CRIMINAL COURT PROCESS BY THE ENFORCEMENT OF LEGISLATION AGAINST VICTIMLESS CRIMES.
Abstract
IN RECENT YEARS THE RIGHT OF SOCIETY TO ENFORCE CONVENTIONAL MORALITY AND THE ADVISABILITY OF ENFORCING LEGISLATION AGAINST SUCH VICTIMLESS CRIMES AS PROSTITUTION, SEXUAL ACTS BETWEEN CONSENTING ADULTS, GAMBLING, AND THE USE OF MARIHUANA HAVE BEEN DEBATED. SUCH ENFORCEMENT HAS PLACED SPECIAL BURDENS ON THE CRIMINAL JUSTICE SYSTEM AND HAS AFFECTED MORE SERIOUS CRIMINAL ADJUDICATIONS, RESULTING IN LONG WAITING PERIODS FOR TRIAL AND EXTENSIVE USE OF PLEA BARGAINING. A 1-MONTH STUDY OF ALL CASES ARRAIGNED (EXCEPT TRAFFIC CASES) IS DESCRIBED. THERE WERE 2,131 CRIMINAL CHARGES FOR 1,427 INDIVIDUALS, AND 6 VARIABLES COMPRISED THE MAJOR ANALYTICAL FOCUS OF THE STUDY: NAME OF CHARGE, NUMBER OF CHARGES, TYPE OF CRIME, JUDICIAL DISPOSITION, PHYSICAL DISPOSITION, AND WHETHER A WARRANT WAS ISSUED. TWO-THIRDS OF ALL CHARGES ARRAIGNED WERE MISDEMEANORS CLASSIFIED AS VICTIMLESS. SEXUAL SOLICITATION, GAMBLING, AND SIMPLE POSSESSION OF DRUGS (MOSTLY MARIHUANA) ACCOUNTED FOR NEARLY ONE-FIFTH OF ALL CHARGES ARRAIGNED. VICTIMLESS SEX CHARGES TENDED TO BE DROPPED AT A LOWER RATE THAN ASSAULT WITH A DEADLY WEAPON, ROBBERY, MURDER, AND RAPE. FINDINGS SUGGEST THAT THE POLICE MAY BE BRINGING BEFORE THE COURT CASES WITHOUT JUDICIAL MERIT SINCE 22.8 PERCENT OF THE VICTIMLESS CHARGES AND 32.2 PERCENT OF THE FELONY CHARGES WERE DROPPED. A 1976 STUDY IN CALIFORNIA FOUND THAT AFTER THE DECRIMINALIZATION OF MARIHUANA, THE COST OF POLICE ENFORCEMENT OF MARIHUANA LAWS DROPPED FROM $7.6 MILLION TO $2.5 MILLION, AND COURT COSTS PLUMMETED FROM $9.5 MILLION TO $2 MILLION. IT IS SUGGESTED THAT THE RESOURCES AND PERSONNEL OF THE D.C. CRIMINAL JUSTICE SYSTEM ARE BEING MISDIRECTED. IF VICTIMLESS CRIMES WERE DECRIMINALIZED, THREE POLICY IMPLICATIONS WOULD RESULT: (1) POLICE MIGHT BE SEEN AS SOCIAL SERVICE PROTECTIVE AGENTS RATHER THAN AS OPPRESSIVE OCCUPATIONAL TROOPS (2) THE COURT MIGHT CUT DOWN THE TIME IT TAKES TO HEAR AND ADJUDICATE OFFENSES OF A SERIOUS NATURE; AND (3) THE CORRECTIONAL SYSTEM MIGHT READJUST ITS REHABILITATION EFFORTS, AS WELL AS PROVIDE MORE SPACE FOR THE CONFINEMENT OF THE GREATER NUMBERS THAT COULD BE ARRESTED FOR MORE SERIOUS CRIMES. IT IS SUGGESTED THAT A STUDY BE UNDERTAKEN TO DETERMINE THE COST-BENEFIT IMPACT OF ENFORCING VICTIMLESS CRIMES AND ANOTHER STUDY BE CONDUCTED TO DETERMINE THE IMPACT OF DECRIMINALIZATION OF VICTIMLESS CRIMES ON THE DISTRICT OF COLUMBIA'S SOCIAL SERVICE AGENCIES. IF FINANCIAL ASPECTS SO WARRANT AND THE EFFECT ON SOCIAL SERVICE INSTITUTIONS IS MANAGEABLE, THE DECRIMINALIZATION OF VICTIMLESS CRIMES IN D.C. IS RECOMMENDED. THERE ARE BIBLIOGRAPHIC FOOTNOTES, BUT NO TABLES OR SUPPORTING DATA. (FCW)