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FACTORS RELATED TO THE CRIME-PREVENTIVE FUNCTION OF THE CRIMINAL COURTS IN CHARLOTTE - DISPOSITIONS, DELAYS, AND AN ANALYSIS OF THE FELONY PRELIMINARY HEARING COURT

NCJ Number
9928
Author(s)
S H CLARKE
Date Published
1973
Length
27 pages
Annotation
EXAMINATION OF 1972 CALENDAR ANALYSIS DATA, INTENDED TO ASSIST IN THE IMPROVEMENT OF PROCESSING DEFENDANTS ARRESTED FOR SERIOUS CRIMES.
Abstract
SPECIFICALLY, THE REPORT COMPARES 1972 CASEFLOW DATA WITH EARLIER (1970) BASELINE DATA AND ASSESSES THE READINESS OF THE CRIMINAL COURTS IN CHARLOTTE FOR SPEEDY TRIAL LAWS OF THE TYPE CURRENTLY BEING CONSIDERED BY THE NORTH CAROLINA GENERAL ASSEMBLY. IT ATTEMPTS TO DEMONSTRATE THE CRITICAL IMPORTANCE OF THE POST-ARREST AND PRELIMINARY HEARING STAGE OF FELONY PROCESSING, AND EXAMINES THE RELATIONSHIP BETWEEN CASELOAD AND CONTINUANCES IN THE FELONY PRELIMINARY HEARING COURT. THE REPORT INDICATES THAT 'THE ACHIEVEMENT OF A PROPOSED SIXTY DAY SPEEDY TRIAL LIMIT WAS FOUND TO BE DIFFICULT. A LIMIT ON CASELOAD OF PRELIMINARY HEARING COURT WAS NOT FOUND TO BE THE BEST WAY OF SOLVING THE PROCESSING PROBLEM. HOWEVER, THERE ARE ADVANTAGES IN LIMITING THE CASELOAD TO 45 PER DAY AND LIMITING TOTAL NUMBER OF APPEARANCES PER CASE IN PRELIMINARY HEARING COURT TO THREE.' (AUTHOR ABSTRACT MODIFIED) MECKLENBURG COUNTY (NC)

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