NCJ Number
56442
Journal
Howard Journal of Penology and Crime Prevention Volume: 18 Issue: 1 Dated: (1977) Pages: 7-16
Date Published
1979
Length
10 pages
Annotation
CRITICS OF THE COURT SYSTEM IN THE UNITED KINGDOM HAVE ASKED FOR AN INVESTIGATION OF DUE PROCESS PROCEDURES BECAUSE 40 PERCENT OF JURY TRIALS END IN ACQUITTAL. THIS RATE IS NOT TOO HIGH, AND MAY, IN FACT, BE TOO LOW.
Abstract
THE ROYAL COMMISSION ON CRIMINAL PROCEDURE STARTED THIS INVESTIGATION BECAUSE POLICE AGENCIES AND OTHER GROUPS CHARGED THAT JURIES WERE WRONGFULLY ACQUITTING MANY KNOWN CRIMINALS. IT IS SUGGESTED THAT CRIME RATES WOULD DECREASE IF THESE PERSONS WERE INCARCERATED, ALTHOUGH THERE IS NO PROOF THAT THE CRIME RATE WOULD DECREASE IF THESE PERSONS WERE IMPRISONED. HOWEVER, THERE IS EVIDENCE THAT THE ACQUITTAL RATE IS NOT TOO HIGH. THE ACTUAL ACQUITTAL RATE IS 17.2 PERCENT BECAUSE MOST PERSONS PLEAD GUILTY DURING PRETRIAL PROCEEDINGS. THERE IS GREAT PRESSURE TO PLEAD GUILTY BEFORE TRIAL, AND ONLY THOSE WITH A STRONG CASE RESIST THESE PRESSURES. THE BRITISH CRIMINAL JUSTICE SYSTEM IS SUPPOSED TO PRESUME A PERSON INNOCENT UNTIL OVERWHELMINGLY PROVED GUILTY. USING THIS TEST, THE ACQUITTAL RATE IS FAR TOO LOW. THE DUE PROCESS GUARANTEES BUILT INTO THE SYSTEM SELDOM PROVE A HINDRANCE TO POLICE, LAWYERS, AND JUDGES. THOSE WHO FAVOR ELIMINATING THESE DUE PROCESS SAFEGUARDS BECAUSE THEY PREVENT THE PROSECUTION FROM SECURING A GUILTY PLEA FOR A KNOWN CRIMINAL DO NOT REALIZE THAT THERE ARE PROBABLY MORE WRONGFUL CONVICTIONS THAN THERE ARE WRONGFUL ACQUITTALS. NOTES CONTAIN ADDITIONAL INFORMATION. REFERENCES ARE APPENDED. (GLR)