NCJ Number
60436
Date Published
1977
Length
20 pages
Annotation
THE DATA PRESENTED IN THIS ANALYSIS SUGGEST THAT CERTAIN CRITICAL FACTORS IN A CASE MAY CAUSE LONG-TERM PRETRIAL DETENTION.
Abstract
THE DIVISION OF CRIMINAL JUSTICE SERVICES (DCJS) IN NEW YORK STATE HAS DEVOTED CONSIDERABLE RESOURCES TO THE REDUCTION OF THE LONG-TERM, PRETRIAL DETAINEES POPULATION IN THE NEW YORK CITY CRIMINAL JUSTICE SYSTEM, RESULTING IN SIGNIFICANT REDUCTIONS IN THIS POPULATION. IN ANALYZING THE CAUSES OF LONG-TERM PRETRIAL DETENTION, THE DCJS STAFF IDENTIFIED A SAMPLE POPULATION IN THREE NEW YORK CITY BOROUGHS, COLLATED AND READ ORIGINAL CASE DOCUMENTS, COLLECTED CRITICAL INDICES OF CASE ACTIVITY, AND ANALYZED THE DATA. THESE DATA SUGGEST THAT CERTAIN CRITICAL FACTORS IN A CASE MAY CAUSE LONG-TERM DELAY. FOR DEFENDANTS WITH EXTENSIVE CRIMINAL RECORDS FACING A SERIOUS CHARGE, THE LIKELIHOOD OF RECEIVING LONG-TERM PRISON SENTENCES MAY CAUSE THEM TO PREFER REMAINING IN PRETRIAL DETENTION. LONG-TERM DELAY MAY ALSO WORK IN THE DEFENDANT'S BEHALF AS WITNESSES MOVE AWAY, LOSE INTEREST, OR FORGET CRUCIAL FACTS, CAUSING THE MOMENTUM OF THE CASES TO DETERIORATE. CASE DEGENERATION MIGHT THEN RESULT IN GREATER PLEA REDUCTION OR DISMISSAL. AN ANALYSIS OF REASONS FOR TRIAL ADJOURNMENT SHOW THAT THE ABSENCE OF DEFENSE COUNSEL ACCOUNTED FOR A LARGE NUMBER OF ADJOURNMENTS, AS DID SCHEDULING CONFLICTS. THE MOST SIGNIFICANT FINDING IS THE PAUCITY OF ADJOURNMENTS ATTRIBUTABLE TO THE PROSECUTOR. THE WILLINGNESS OF DEFENDANTS TO DELAY A CASE OR TO GO TO TRIAL WAS FOUND TO BE CLOSELY TIED TO THE COSTS INVOLVED. ALSO, THE TRIAL RATE FOR LONG-TERM DETAINEES IS ALMOST TWICE AS GREAT AS FOR THE FELONY DEFENDANT POPULATION. FURTHER ANALYSIS IS NEEDED TO IDENTIFY WHAT ROLE PLEA NEGOTIATIONS AND THE PROSECUTOR'S AND DEFENDANT'S EXPECTATIONS PLAYED IN THE CREATION OF THE LONG-TERM DETENTION PROBLEM. TABULAR DATA ARE INCLUDED. (MJW)