NCJ Number
31726
Journal
Creighton Law Review Volume: 8 Dated: (JULY 1975) Pages: 923-978
Date Published
1975
Length
56 pages
Annotation
THIS SELECTION PRESENTS TWO ARTICLES WHICH INVESTIGATE THE EFFECTS OF PRETRIAL RELEASE, PRIOR ARRESTS, AND PLEA NEGOTIATIONS ON CONVICTIONS AND SENTENCING OF FELONIES IN DOUGLAS COUNTY, NEBRASKA.
Abstract
BOTH THE STUDIES ANALYZED THE FELONY FILINGS IN DOUGLAS COUNTY DISTRICT COURT IN THE YEARS 1970, 1971, AND 1972, WHICH WERE TREMINATED BY OCTOBER 1973 AS A RESULT OF DISMISSAL BY THE COURT OR PROSECUTOR, A GUILTY PLEA, OR AN ADJUDICATION. THE FIRST STUDY FOUND THAT PRETRIAL RELEASE AND PRIOR ARREST APPARENTLY DO NOT HAVE AN EFFECT ON ONE'S CHANCES OF GETTING CONVICTED, AS DEMONSTRATED BY THE CONVICTION RATES IN DOUGLAS COUNTY. HOWEVER, IT WAS SHOWN THAT PRETRIAL RELEASE AND RACE HAVE A SIGNIFICANT EFFECT ON THE SENTENCE IMPOSED. ALSO, PRIOR ARREST RECORD OF THE DEFENDANT WAS FOUND TO HAVE A SIMILAR EFFECT ON THE SENTENCE IMPOSED, BUT THIS INFLUENCE WAS NOT AS CLEARLY SHOWN BY THE DATA. THE RESULTS OF THE SECOND STUDY INDICATED THAT THERE IS A DISTINCT ADVANTAGE DERIVED FROM PLEADING GUILTY AS OPPOSED TO PLEADING NOT GUILTY AND ULTIMATELY RECEIVING A CONVICTION SENTENCE. THE EFFECT OF SUCH FACTORS AS RACE, PRETRIAL DISPOSITION, AGE, AND SENTENCING JUDGE ON SENTENCING OUTCOMES IS ALSO DISCUSSED. (AUTHOR ABSTRACT MODIFIED)