COURTS STAND INDICTED IN NEW YORK CITY

• NCJ Number: 44020
• Journal: Journal of Criminal Law and Criminology Volume: 68 Issue: 2 Dated: (JUNE 1977) Pages: 252-261
• Author(s): A SMITH; H POLLACK
• Date Published: 1977
• Length: 10 pages
• Corporate Author: Northwestern University; Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CHARGES OF IMPROPER PLEA BARGAINING PRACTICES, SENTENCING DISPARITIES, AND POOR PERFORMANCE BY JUDGES ARE EXAMINED, AND APPROACHES TO REFORMING NEW YORK CITY'S COURTS ARE SUGGESTED.

Abstract

NEW YORK CITY'S JUDGES ARE ACCUSED OF PERMITTING PLEA BARGAINING TO SUCH AN EXTENT THAT DANGEROUS CRIMINALS ARE RETURNED TO THE COMMUNITY TO REPEAT THEIR VIOLENT ACTS. IT IS SAID THAT JUDGES USE PLEA BARGAINING BECAUSE THEY ARE INSENSITIVE TO THE PROBLEMS OF THE COMMUNITY OR BECAUSE THEY DO NOT UNDERSTAND THE REALITIES OF STREET LIFE. ALTHOUGH DANGEROUS PERSONS ARE RELEASED INTO THE COMMUNITY BECAUSE OF PLEA BARGAINING, THE COMPETENCE, HONESTY, AND INTEGRITY OF JUDGES HAVE LITTLE TO DO WITH THE SITUATION. THE PROBLEM IS ONE OF NUMBERS. FROM 1952 TO 1975, THE FELONY WORKLOAD OF THE COURTS INCREASED SIX-FOLD WHILE THE NUMBER OF JUDGES BARELY DOUBLED. IN ADDITION, FELONY TRIAL PROCEDURES HAVE BECOME INCREASINGLY COMPLEX AND TIME-CONSUMING. A SECOND CRITICISM OFTEN LEVELED AT NEW YORK CITY JUDGES HAS TO DO WITH SENTENCING DISPARITY. OFTEN SUCH CHARGES OVERLOOK THE MANY VARIABLES THAT TRIAL JUDGES MUST TAKE INTO CONSIDERATION WHEN THEY PASS SENTENCE. ALTHOUGH JUDGES OFTEN ARE ACCUSED OF CONTRIBUTING TO THE CONGESTION OF THE COURTS BY WORKING TOO FEW HOURS, SUCH SHIRKERS ARE ATYPICAL. THE MAJOR CAUSE OF THE PROBLEMS OF NEW YORK CITY'S COURTS IS INADEQUATE FUNDING. THE COURTS HAVE NO POLITICAL POWER WITH REGARD TO BUDGET ALLOCATIONS. HOWEVER, MEASURES CAN BE TAKEN TO REDUCE THE OVERCROWED CONDITIONS OF THE COURTS. THESE INCLUDE THE PROPER USE OF PLEA BARGAINING, DIVERSION OF MINOR CASES FROM THE FORMAL CRIMINAL JUSTICE SYSTEM, REMOVAL OF MORALS OFFENSES FROM THE PENAL CODE, IMPROVEMENTS IN THE QUALITY OF ARRESTS AND CHARGES, REMOVAL OF JUDGES FROM THE JURY SELECTION PROCESS, REEXAMINATION OF THE PRETRIAL MOTION PROCESS, AND CONSIDERATION OF THE IMPACT OF LAWS THAT IMPOSE PRISON SENTENCES WITHOUT POSSIBILITY OF PLEA BARGAINING FOR PARTICULAR OFFENSES.