NCJ Number
48211
Date Published
1976
Length
11 pages
Annotation
A COURT MONITORING SYSTEM IS DISCUSSED AS A MEANS FOR CURBING ABUSES OF THE CRIMINAL JUSTICE SYSTEM BY JUDGES, PROSECUTORS, AND DEFENSE ATTORNEYS.
Abstract
THIS PAPER, DRAWN FROM THE AUTHOR'S EXPERIENCE AS A JUDGE IN THE DISTRICT OF COLUMBIA, CATALOGUES THE ABUSES OF JUDGES, PROSECUTORS, AND DEFENSE ATTORNEYS THAT LEAD TO INJUSTICE FOR MINORITY, POOR, AND POWERLESS DEFENDANTS. THE FOLLOWING ABUSES ARE MENTIONED: PLEA BARGAINING THAT PUNISHES A DEFENDANT FOR PLEADING INNOCENT AND WANTING A TRIAL; THE ACTIONS OF JUDGES THAT PREJUDICE JURIES AND FAVOR PROSECUTORS; A STRUCTURE FOR GRAND JURY OPERATIONS THAT FAVORS THE PROSECUTOR; PROSECUTORS' USE OF SELECTIVITY OF PROSECUTION ACCORDING TO CLASS AND RACIAL PREJUDICES; PROSECUTORIAL OVERCHARGING OF THE DEFENDANT IN ORDER TO WEDGE A GUILTY PLEA; AND DEFENSE ATTORNEY ACTIVITIES THAT DEMEAN THE INTERESTS OF THE CLIENT REPRESENTED. THE ABUSES CITED ARE BELIEVED TO BE LARGELY ROOTED IN THE CIRCUMSTANCE OF HAVING COURT PROFESSIONALS FROM WHITE, MIDDLE-CLASS BACKGROUNDS PROCESSING AND JUDGING DEFENDANTS, THE MAJORITY OF WHOM ARE BLACK, POOR, UNEDUCATED, AND FROM SOCIAL CONDITIONS AND NEIGHBORHOODS TOTALLY DIFFERENT FROM THAT OF THE COURT PROFESSIONALS. IT IS BELIEVED THAT ABUSES MOST OFTEN OCCUR DUE TO THE SETTING OF PATTERNS BY PROFESSIONALS TO EXPEDITE THE PROCESSING OF THOSE WHO HAVE NEITHER THE POWER NOR THE KNOWLEDGE TO REQUIRE THE CRIMINAL JUSTICE SYSTEM TO MEET ITS OWN STANDARDS OF JUSTICE FOR THE ACCUSED. A COURT MONITORING SYSTEM CONDUCTED BY CITIZENS OF THE JURISDICTION SERVED BY A COURT IS CONSIDERED ESSENTIAL IN FOCUSING PUBLIC OPINION ON COURT ABUSES AND FORCING COURT PERSONNEL TO EFFECT CHANGES UNDER THE GLARE OF PUBLICITY. (RCB)