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COMPARATIVE DESCRIPTION OF THE NEW YORK AND CALIFORNIA CRIMINAL JUSTICE SYSTEMS - ARREST THROUGH ARRAIGNMENT

NCJ Number
11923
Journal
Vanderbilt Law Review Volume: 26 Issue: 5 Dated: (OCTOBER 1973) Pages: 973-1033
Author(s)
F F FEENEY; J R WOODS
Date Published
1973
Length
61 pages
Annotation
DETAILED DISCUSSION OF ARREST, PRECINCT PROCESSING, AND CRIMINAL COURT PROCESSING PROCEDURES IN NEW YORK CITY AND OAKLAND, CONTRASTING PROCESS COMPLEXITY AND TIME DEMANDS.
Abstract
THE BASIC DIFFERENCES CENTER AROUND 1) THE REQUIRED PRESENCE OF THE ARRESTING OFFICER AND WITNESSES DURING THE ENTIRE PROCESS IN NEW YORK, 2) THE EARLIER STAGES AT WHICH CASES CAN BE DISPOSED OF BEFORE FIRST APPEARANCE IN OAKLAND, AND 3) TOTAL DEFENDANT PROCESSING TIME BEING SIGNIFICANTLY LESS IN OAKLAND. THE ADDITIONAL COMPLEXITY AND TIME INVOLVED IN NEW YORK ARE NOT CONSIDERED TO BE JUSTIFIED ON THE BASIS OF JUDICIAL ECONOMY, TREATMENT OF WITNESSES AND DEFENDENTS, OR GREATER ADMINISTRATION OF JUSTICE. THE STRENGTHS AND WEAKNESSES OF BOTH SYSTEMS ARE NOTED, AND RELATED ISSUES AND IMPLICATIONS DISCUSSED.

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