NCJ Number
12591
Date Published
1974
Length
320 pages
Annotation
OVERVIEW OF CRIMINAL JUSTICE SYSTEM, ITS FUNCTIONS AND ITS PARTICIPANTS IN A SMALL AMERICAN TOWN.
Abstract
STUDIES OF THE ADMINISTRATION OF JUSTICE HAVE NOT BEEN DISTRIBUTED ACROSS THE SPECTRUM OF THE CRIMINAL JUSTICE PROCESS. THE AUTHOR FURTHER NOTES THAT STUDIES OF CRIME AND POLICE - THE BASIC INPUTS INTO THE CRIMINAL COURTS, AND STUDIES OF PRISONS, CORRECTIONS, AND REHABILITATION ARE PLENTIFUL. COVERAGE OF WHAT HAPPENS BETWEEN ARREST AND PRISON, HOWEVER, HAS BEEN LARGELY NEGLECTED. IN CRIMINAL JUSTICE IN MIDDLE AMERICA, PROFESSOR NEUBAUER LEADS THE READER THROUGH THE CRIMINAL PROCESS IN PRAIRIE CITY, A FICTITIOUS MEDIUM-SIZED INDUSTRIAL TOWN IN ILLINOIS. THE STUDY DISCUSSES THE INTERRELATION OF JUSTICE AND POLITICS AND HOW THE DECISION MAKERS INTERACT. IT FOCUSES ON THE PRINCIPAL ACTORS IN THE FINAL DRAMA - THE PROSECUTION, THE DEFENSE ATTORNEY, AND THE TRIAL JUDGE. THE AUTHOR EXAMINES THE INITIAL CHARGING PROCESS, PROSECUTION SCREENING, AND THE EFFECTS OF THESE PROCEDURES ON LATER STAGES OF THE SYSTEM. HE IDENTIFIES THE EFFECT OF SUPREME COURT CASES ON THE POLICE, THE ATTORNEYS, AND THE TRIAL COURT. EMPHASIS IS PLACED ON PLEA BARGAINING AS A FUNCTIONAL ELEMENT OF THE CRIMINAL JUSTICE SYSTEM. THE BARGAINING ROLES OF THE PROSECUTOR AND DEFENSE ATTORNEY ARE DEFINED, AS ARE THEIR POSITIONS AND GOALS IN THE NEGOTIATIONS. JURY SELECTION AND THE MANNER AND CHARACTERISTICS OF THE JURY'S DELIBERATIONS ARE EXAMINED. THE STUDY ANALYZES THE ACTUAL TRIAL AND THE SENTENCING PROCESS, AND QUESTIONS THE STANDARDS USED AND THE MOTIVES OF THE DECISION MAKERS. PROFESSOR NEUBAUER CONCLUDES THAT, ALTHOUGH THE LAW PROVIDES SOME CONSTRAINTS FOR THE ACTORS WITHIN THE CRIMINAL JUSTICE SYSTEM, THESE INDIVIDUALS THEMSELVES ARE SADDLED WITH THE PERSONAL RESPONSIBILITY OF SEEING THAT THE RIGHTS OF THE ACCUSED ARE PROTECTED.