NCJ Number
56677
Date Published
1977
Length
17 pages
Annotation
WEAKNESSES IN THE CRIMINAL JUSTICE SYSTEM ARE IDENTIFIED IN THE AREAS OF POLICING, BAIL, PROSECUTION, DEFENSE, PLEA BARGAINING, THE TRIAL, SENTENCING, REHABILITATION, AND EXCESSIVE CRIMINALIZATION.
Abstract
THE CRIMINAL JUSTICE SYSTEM AS STRUCTURED AND REGULATED WITHIN THE AMERICAN DEMOCRACY CANNOT HOPE TO RADICALLY REDUCE THE CRIME RATE, BECAUSE OF THE MANY CONSTITUTIONAL GUARANTEES EXTENDED TO PRIVATE CITIZENS WHICH RESTRICT POLICING ENDEAVORS. THE IMPOSSIBLE GOAL OF ROLLING BACK THE CRIME RATE, PARTICULARLY WITH THE INCREASE IN FACTORS TENDING TO INCREASE CRIME, SHOULD NOT BE PRESSED UPON THE CRIMINAL JUSTICE SYSTEM; RATHER, ITS GOAL SHOULD BE TO OPERATE WITHIN THE PARAMETERS PROVIDED BY LAW AS HUMANELY, FAIRLY, AND EFFICIENTLY AS POSSIBLE. FOR POLICING, THIS MEANS MAKING EVERY EFFORT TO REDUCE POLICE CORRUPTION, BIASED USES OF POLICE DISCRETION, AND POLICE ABUSE OF CITIZENS' RIGHTS. INCREASED EFFORTS TO IMPROVE POLICE-COMMUNITY RELATIONS AND THE RECRUITMENT OF FEMALE AND ETHNIC MINORITY PERSONNEL ARE HOPEFUL TRENDS IN POLICING. THE BAIL SYSTEM, WHICH PERMITS THE RELEASE OF CERTAIN SUSPECTS WHO CAN AFFORD BAIL WHILE JAILING OTHERS WHO WOULD BE RELEASED EXCEPT FOR LACK OF BAIL MONEY, DISCRIMINATES AGAINST THE POOR. THERE IS A NEED TO DEVELOP WORKABLE AND FAIR STANDARDS FOR DETERMINING PRETRIAL RELEASE. PROSECUTORS ARE GENERALLY OVERWORKED DUE TO UNDERSTAFFING, LEADING TO THE USE OF DEVICES OF EXPEDIENCY IN THE PROCESSING OF CASES, WITH THE MOST NOTORIOUS OF THESE DEVICES BEING PLEA BARGAINING. PLEA BARGAINING UNDERMINES THE BASIC INTENTION OF THE ADVERSARIAL COURT SYSTEM, WHICH PROVIDES THAT THE PROSECUTION PROVE GUILT IN AN OPEN COURT TRIAL. 'FLAT TIME'--A SPECIFIC SENTENCE FOR EACH VIOLATION, WITH VARIATIONS FOR SPECIFIC AGGRAVATING FACTORS--IS SUGGESTED AS A MEANS OF REDUCING OR ELIMINATING THE PRACTICE OF PLEA BARGAINING. IT IS PROPOSED THAT A PLEA OF GUILTY REDUCE THE PRESCRIBED FLAT TIME BY 50 PERCENT. THIS PROPOSAL WOULD BRING PLEA BARGAINING, WHICH IS AT PRESENT A SECRETIVE PROCESS, INTO THE TRIAL PROCEDURE ITSELF. SOME OF THE PROBLEMS ASSOCIATED WITH PROVIDING AN ADEQUATE DEFENSE EITHER THROUGH PRIVATE ATTORNEYS OR PUBLIC DEFENDERS ARE NOTED, AND THE PLACE OF REHABILITATION IN CORRECTIONS IS EXAMINED. DECRIMINALIZATION OF 'VICTIMLESS' CRIMES (PROSTITUTION, DRUNKENNESS, GAMBLING) IS RECOMMENDED AS AN APPROACH FOR REDUCING THE NUMBER OF PERSONS PROCESSED BY THE CRIMINAL JUSTICE SYSTEM. (RCB)