NCJ Number
39023
Date Published
1976
Length
232 pages
Annotation
NEW YORK CITY POLICE MADE 100,739 FELONY ARRESTS IN 1971; HOWEVER, ONLY 4,055 OF THOSE ARRESTED, OR FIVE PERCENT, RECEIVED FELONY PRISON SENTENCES.
Abstract
THIS MONOGRAPH EXPLORES THE DETERIORIATION OF CASES - THE REDUCTION OR DISMISSAL OF CHARGES, OR THE IMPOSITION OF NON-FELONY SENTENCES ON THOSE FOUND GUILTY - THAT TAKES PLACE AS THEY MAKE THEIR WAY TOWARD FINAL DISPOSITION. IT ALSO EXPLAIN HOW AND WHY THIS DETERIORATION TAKES PLACE. THE RESULTS OF TWO STUDIES UNDERTAKEN BY THE VERA INSTITUTE OF JUSTICE IN 1973-74 OF FELONY ARREST DISPOSTIONS ARE SUMMARIZED. THE FIRST STUDY ANALYZED A SAMPLE (1,888 CASES) OF FELONY ARRESTS MADE IN 1971, USING COURT RECORDS, AND THE SECOND ANALYZED A SAMPLE OF 369 CASES DISPOSED OF IN 1973. JUDGES, PROSECUTORS, DEFENSE COUNSEL, AND POLICE OFFICERS IN THESE LATTER CASES WERE INTERVIEWED TO DETERMINE THE REASONS FOR THE DISPOSITIONS. ALL MAJOR CRIME CATEGORIES WERE INCLUDED - 'PURE' PERSONAL VIOLENCE (ASSAULT, RAPE, MURDER, AND ATTEMPTED MURDER); ROBBERY; PROPERTY FELONIES (BURGLARY AND GRAND LARCENY); AND A VICTIMLESS CRIME, CRIMINAL POSSESSION OF A HANDGUN. THE STUDIES REVEALED THAT 43% OF FELONY ARREST CASES DISPOSED OF IN THE CRIMINAL COURTS WERE DISMISSED, AND ONLY 2% WENT TO TRIAL. AMONG CONVICTED DEFENDANTS, THREE-QUARTERS PLED TO MISDEMEANORS OR LESS, AND ONLY HALF RECEIVED PRISON SENTENCES. IT WAS FOUND TAT THIS SHARP DETERIORATION OF FELONY ARRESTS IS NOT DUE SOLELY TO COURT CONGESTION: IN NEARLY HALF THE CASES WHERE THERE WAS A VICTIM, A PRIOR RELATIONSHIP EXISTED BETWEEN THE VICTIM AND THE DEFENDANT. IN MANY OF THESE, THE VICTIM REFUSED TO PRESS CHARGES. GENERALLY, THE STUDIES SUGGEST, THE COURTS TREAT THE MOST SERIOUS OFFENDERS - THOSE WITH PRIOR RECORDS WHO COMMIT CRIMES AGAINST STRANGERS - MOST HARSHLY. THE MONOGRAPH CONCLUDES WITH RECOMMENDATIONS, AMONG THEM THE CREATION OF ALTERNATIVES TO COURT PROCESSING, SUCH AS MEDIATION, FOR MANY 'PRIOR-RELATIONSHIP' CASES. NOTES ON THE STUDY METHODOLOGY ARE APPENDED. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)...ELW