NCJ Number
95054
Date Published
1979
Length
90 pages
Annotation
Classification instruments now used at several decision points in the criminal justice system are examined, and legal issues involved are analyzed.
Abstract
Important decisions are made at several critical stages of the criminal justice process. They are discussed under six headings: pretrial release, prosecutorial discretion, sentencing, institutional custody classification and transfer, parole release, and probation/parole supervision. Similar legal issues arise in each of these decision areas. Most of the challenges that have been litigated concentrate in the equal protection and due process areas. The court administers the equal protection test in a way that balances the rights of the defendant against the interests of the state. Depending on the decision point being examined, the court will devote a different amount of attention to weighing potential inequities. Defendant/offender rights are most rigorously observed prior to conviction. At each subsequent decision point, the state's interests mount. ln addition, the courts will sustain the use of most criteria as legitimate bases for classification, striking down only those criteria which are arbitrary or capricious. Other minor issues that are important in classification processes involve the virtual ban on preventive detention at the pretrial release stage, unless authorized by statute or unless the court chooses to invoke its inherent powers to preserve the fair administration of justice. Footnotes, figures, tables, and chapter bibliographies are supplied. (Author summary modified)