NCJ Number
84047
Date Published
1982
Length
133 pages
Annotation
This study examined the relationship between aspects of local court operations and the local legal culture (norms and attitudes held by judges, attorneys, prosecutors, and others in the legal system) in Miami, Detroit, Pittsburgh, and Bronx County, N.Y., felony level courts.
Abstract
Judges, prosecutors, and attorneys were queried on how specific criminal cases could best be handled by a court system, if given adequate resources. The samples varied in size and category from 5 (Miami judges) to 42 (Miami prosecuting attorneys); 242 questionnaires were returned. Respondents reacted to 12 hypothetical cases constructed from elements that affect disposition: the seriousness of the crime, the defendant's prior criminal record, and the strength of the evidence. Analyzed elements of local legal culture include norms governing mode of disposition, sentencing, and time between arrest and trial. The preferred pace of case disposition time differed among the court systems and generally followed differences in actual disposition time. Attitudes toward the appropriateness of trial dispositions displayed a similar pattern: agreement within court systems, disagreement among them. On issues relating to the outcome of the case, court systems also tended to reflect distinctive local practices. Two systems were plea-bargain-oriented, two trial-oriented. Sentencing norms in one system were comparatively lenient, in two relatively stringent. Furthermore, within court systems, defense and prosecuting attorneys held different views on plea bargaining and sentencing. These findings underscore the importance of local legal culture, not only in understanding particular court systems, but in explaining the failure of many court reforms which do not take local customs into account. The questionnaire is appended.