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CRIMINAL COURTS - THE DEFENDANT'S PERSPECTIVE

NCJ Number
39014
Author(s)
J D CASPER
Date Published
1978
Length
184 pages
Annotation
AN ANALYSIS OF DEFENDANTS' PREDISPOSITIONS TOWARD CRIMINAL COURTS, THEIR EVALUATIONS OF THEIR COURT EXPERIENCES, AND THE EFFECTS OF EVALUATIONS UPON FUTURE LAW-ABIDING OR VIOLATING BEHAVIOR ARE REPORTED.
Abstract
CLIENT REACTIONS TO COURT PERSONNEL, ATTORNEY PERFORMANCE, AND FAIRNESS OF TREATMENT WERE INVESTIGATED. A RANDOM SAMPLE OF 812 MEN CHARGED WITH FELONIES IN DETROIT, BALTIMORE, AND PHOENIX WERE INTERVIEWED SHORTLY AFTER THEIR ARREST. RESPONDENTS WERE THEN TRACKED THROUGH THE COURT SYSTEM AND MOST (628) WERE REINTERVIEWED AFTER THEIR CASES WERE COMPLETED. THE DEFENDANTS IN THE STUDY WERE PREDOMINANTLY YOUNG, BLACK, UNMARRIED MALES, WITH LESS THAN A HIGH SCHOOL EDUCATION, RELATIVELY LIMITED JOB SKILLS, AND RELATIVELY EXTENSIVE EXPERIENCE IN THE CRIMINAL JUSTICE SYSTEM. ONE OF THE MAJOR PREDISPOSITIONS NOTED WAS A SUSPICION ABOUT THE 'REAL LAWYER' NATURE OF PUBLIC DEFENDERS. IT WAS ALSO DISCOVERED THAT CASE OUTCOME, TIME SPENT WITH CLIENT, AND THE TYPE OF DISPOSITION PROCESS (TRIAL OR PLEA NEGOTIATION) AFFECTED DEFENDANT EVALUATIONS OF THEIR ATTORNEYS. DEFENDANTS APPLIED A VARIETY OF DIMENSIONS WHEN ASKED ABOUT THE FAIRNESS OF THE PROCEEDINGS. SELF-INTEREST, A NOTION OF EQUAL TREATMENT, AND WHETHER OR NOT A GUILTY PLEA WAS ENTERED ALL INFLUENCED THEIR SENSE OF FAIRNESS. IN ADDITION, DATA INDICATED THAT DEFENDANTS TENDED TO GENERALIZE ABOUT THE CRIMINAL JUSTICE SYSTEM BASED ON THEIR PARTICULAR EXPERIENCE. SENTENCE RECEIVED WAS RELATED TO A CHANGE IN ATTITUDES WHILE MODE OF DISPOSITION WAS ONLY WEAKLY RELATED. LAWYER EVALUATION DID NOT APPEAR TO BE RELATED TO A CHANGE IN ATTITUDES TOWARD PROSECUTORS. THE APPENDIX CONTAINS A DISCUSSION OF THE STUDY SAMPLE AND SAMPLING METHODS ALONG WITH COPIES OF THE ATTITUDINAL QUESTIONNAIRES USED.