NCJ Number
38641
Date Published
1976
Length
126 pages
Annotation
THIS REPORT PRESENTS THE RESULTS OF A SURVEY EXAMINING THE FACTORS AFFECTING THE VENUE DECISIONS MADE BY A SAMPLE OF DEFENDANTS IN CRIMINAL CASES HEARD AT COURTS IN THE GREATER LONDON AREA.
Abstract
THE MAIN PURPOSE OF THE SURVEY WAS TO FIND OUT WHY, WHEN GIVEN AN OPTION OF VENUE FOR THEIR TRIAL, SOME DEFENDANTS CHOSE TRIAL AT A MAGISTRATES' COURT WHILE OTHERS WERE PREPARED TO WAIT A CONSIDERABLE LENGTH OF TIME, EVEN IN CUSTODY, FOR THEIR CASE TO BE HEARD AT THE CROWN COURT BEFORE A JUDGE AND JURY. INFORMATION WAS OBTAINED. BY INTERVIEWING DEFENDANTS IN CASES WHICH HAD RECENTLY BEEN DISPOSED OF AT EITHER A MAGISTRATES' COURT OR AT ONE OF THE CROWN COURT CENTERS IN THE GREATER LONDON AREA. IT WAS FOUND THAT THE DISTRIBUTION OF GUILTY PLEAS AND NOT GUILTY PLEAS BETWEEN THOSE WHO CHOSE TO BE TRIED AT A MAGISTRATE'S COURT AND THOSE WHO CHOSE TO BE TRIED AT THE CROWN COURT WAS MARKEDLY DIFFERENT. THE REASONS GIVEN FOR MAKING A PARTICULAR VENUE DECISION WERE FOUND TO HAVE A STRONG ASSOCIATION WITH PLEA. DEFENDANTS WHO CHOSE TO GO THE CROWN COURT FOR TRIAL WERE FOR THE MOST PART CONTESTING THE CHARGES AGAINST THEM AND HAD CHOSEN THE HIGHER COURT BECAUSE THEY WANTED A MORE THOROUGH HEARING THAN THEY WOULD HAVE BEEN GIVEN AT THE LOWER COURT. THOSE SURVEYED ALSO RECOMMENDED MAKING THE TRIAL PROCESS LESS OF AN ORDEAL BY MAKING THE PROCEEDINGS LESS FORMAL AND PROVIDING MORE EXPLANATION OF COURT PROCEDURE. (AUTHOR ABSTRACT MODIFIED)