NCJ Number
46893
Date Published
1978
Length
188 pages
Annotation
THE INEQUITIES OF GEOGRAPHIC VARIATIONS IN LAWS, JURY SELECTION METHODS, LAW ENFORCEMENT EFFICIENCY, DEFENDANT PROCESSING, SENTENCING PRACTICES, AND OTHER CRIMINAL JUSTICE FUNCTIONS ARE EXAMINED.
Abstract
ATTENTION IS DRAWN FIRST TO SOME OF THE IMPACTS OF INTERJURISDICTIONAL VARIATIONS IN STATUTES. THE VARIATION THAT EXISTS IS PRESENTED WITHIN THE CONTEXT OF CONTRASTING REGIONAL SOCIAL PHILOSOPHIES. A NUMBER OF SPECIFIC CONTRASTS ARE EXAMINED AT LOCAL AND STATE LEVELS TO ILLUSTRATE HOW TRADITION AND REGIONAL PHILOSOPHY HAVE EVOLVED AND TO HELP EXPLAIN THE PRESENT GEOGRAPHY OF STATUTES. JURY SELECTION METHODS AND COLLECTIVE JUROR ATTITUDES, BASED ON POPULATION ATTRIBUTES THAT VARY FROM PLACE TO PLACE, ARE ANALYZED. SEVERAL EXAMPLES OF JURY MANIPULATION ARE REVIEWED, AND THE POSSIBLE ROLE OF GEOGRAPHERS IN JURY SELECTION AND ANALYSIS IS DISCUSSED WITH HYPOTHETICAL EXAMPLES. GEOGRAPHIC SENTENCING VARIATIONS AND THE SIGNIFICANCE OF UNJUSTIFIED DISPARITIES IN SENTENCING ARE EMPHASIZED. IN ADDITION TO THE MORAL QUESTIONS OF DISSIMILAR PUNISHMENT FOR SIMILAR CRIMES, PRACTICAL CONSIDERATIONS SUCH AS THE DISPARITIES' IMPACT ON PRISONERS' MORALE ARE EVALUATED. THE PROBLEM IS FIRST VIEWED IN GENERAL TERMS; THE MAJOR VARIABLES IN SENTENCING, THOSE RELATED TO THE COURT, THE DEFENDANT, AND THE CULTURAL ENVIRONMENT, AND THE VARYING DEGREES OF IMPORTANCE EACH HAS IN DIFFERENT LOCATIONS, ARE CONSIDERED. NEXT, THE ROLE OF THE PROSECUTOR IN THE SENTENCING PROCESS IS EXAMINED. A COMPARISON OF VIOLENT CRIMES IN TWO METROPOLITAN COUNTIES IN OKLAHOMA IS USED TO SHOW THAT THE RELATIVE TOUGHNESS OF THE PROSECUTOR MAY RESULT IN SUBSTANTIAL SENTENCING DIFFERENCES BETWEEN JURISDICTIONS. A GEOGRAPHICAL OVERVIEW OF SENTENCING IN THE FEDERAL COURT DISTRICTS IS PRESENTED, ALONG WITH MODELS OF SENTENCING PATTERNS BASED ON LEGALLY RELEVANT AND IRRELEVANT VARIABLES. FINALLY, SUGGESTIONS ARE PRESENTED FOR THE REFORM AND REORGANIZATION OF THE COURTS. COURTS ARE EXAMINED IN TERMS OF THEIR ADMINISTRATIVE FUNCTIONS, WITH THE FOCUS UPON THE FEDERAL SYSTEM. BY USING A NUMBER OF STATISTICAL MEASURES OF CASELOAD PERFORMANCE AND JUDGESHIP/POPULATION RATIOS, THE GEOGRAPHIC VARIATIONS ARE ILLUSTRATED. THESE VARIATIONS ARE USED TO SUGGEST AND SUPPORT REFORMS IN THE JUDICIAL MACHINERY, CALLING FOR REALIGNMENT AND THE ALLOCATION OF NEW JUDGESHIPS. THE AUTHORS CONCLUDE THAT GEOGRAPHIC INEQUITIES AND ABUSES CAN BE MINIMIZED, AND THAT THERE MAY BE ALTERNATIVE APPROACHES TO THE LEGAL ORGANIZATION OF SPACE AND THE APPLICATION OF LAWS. NOTES AND SUPPORTING DATA ARE PROVIDED THROUGHOUT. (VDA)