NCJ Number
63720
Date Published
1979
Length
20 pages
Annotation
THIS ARTICLE DESCRIBES THE CRIMINAL JUSTICE PROCESS FROM ARREST THROUGH AFTERCARE PROGRAMS FOR ADULTS AND JUVENILES AND OFFERS SUGGESTIONS TO IMPROVE THE EFFICIENCY AND HUMANITY OF THE SYSTEM.
Abstract
FACTORS WHICH AFFECT THE APPREHENSION OF A CRIMINAL AND POLICE BEHAVIOR ARE DISCUSSED, AS ARE THE POLICE ORGANIZATION ITSELF AND ITS INFLUENCE ON THE ACTIONS AND REACTIONS OF ITS MEMBERS. COURT PROCESSES FOR ADULT OFFENDERS ARE DESCRIBED AND ILLUSTRATED WITH A CHART, AND INFORMAL FACTORS WHICH AFFECT THE PROCESS ARE NOTED, SUCH AS THE DEFENDANT'S LAWYER AND DISCRETIONARY DECISIONS OF THE ATTORNEY GENERAL AND THE JUDGE. A PROCESS MODEL FOR NONSTATUS OFFENDERS AND STATUS OFFENDERS IN THE JUVENILE JUSTICE SYSTEM IS DETAILED. JUVENILES FARE BETTER, IT IS CONCLUDED, WHEN THEY HAVE LEGAL REPRESENTATION, JUVENILE JUDGES EXERCISE CONSIDERABLE DISCRETIONARY POWERS. THE INDETERMINATE SENTENCING SYSTEM USED BY TENNESSEE AND ITS CONCEPTS OF GOOD TIME AND HONOR TIME ARE DESCRIBED. RESEARCH ON WOMEN IN PRISON HAS BEEN MINIMAL, BUT THEIR BEHAVIOR APPEARS TO BE SIMILAR TO THAT OF MEN, EXCEPT THAT HOMOSEXUAL ACTIVITIES ARE MORE FAMILY ORIENTED. CONSIDERABLE DISPARITY EXISTS IN INCARCERATION POLICIES FOR JUVENILES. ALTHOUGH THE FEDERAL GOVERNMENT HAS TRIED TO PROHIBIT INCARCERATION OF STATUS WITH NONSTATUS OFFENDERS, MOST STATES HAVE BEEN UNABLE TO COMPLY WITH THE REQUIREMENTS AND CONTINUE THIS PRACTICE. TYPES OF PAROLE SUPERVISION AND RECIDIVISM ARE DISCUSSED, AND IT IS MAINTAINED THAT THE USE OF PAROLE IS LIKELY TO INCREASE. SUGGESTIONS FOR IMPROVING THE JUSTICE PROCESS INCLUDE BETTER TRAINING AND PAY FOR POLICE OFFICERS, ELIMINATION OF TRIAL DELAYS, UNIFORM SENTENCING, SUBSTANTIAL CHANGES IN THE PRISON SETTING, DECENTRALIZATION OF THE CORRECTIONAL SYSTEM AND MORE COMMUNITY-BASED PROGRAMS. DISCUSSION QUESTIONS AND FOOTNOTES ARE APPENDED. (MJM)