NCJ Number
28947
Date Published
1974
Length
77 pages
Annotation
THIS MONOGRAPH IS DESIGNED TO OFFER THE LAY PERSON A LEGAL PERSPECTIVE AS TO THE SCOPE, AUTHORIZATION, PROCEDURES, AND CONSTITUTIONAL ISSUES OF PRETRIAL INTERVENTION PROGRAMS.
Abstract
DISCUSSED ARE THE WAIVER OF THE RIGHT TO A SPEEDY TRIAL AND THE APPLICABLE STATUTE OF LIMITATIONS AS ELIGIBILITY CRITERIA; THE RESPECTIVE ROLES OF PROSECUTOR AND COURT IN PRETRIAL INTERVENTION PROGRAMS; AND USE OF PRETRIAL INTERVENTION PROGRAM PARTICIPATION AS A CONDITION OF BAIL RELEASE. AN ANALYSIS OF THE IMPLICATIONS OF ENTRY AND EXIT DECISIONS IN PRETRIAL INTERVENTION CONSIDERS THE USE OF PRETRIAL JAIL CONFINEMENT FOR VIOLATION OF PROGRAM GUIDELINES; THE CONSTITUTIONALITY OF PROGRAM ELIGIBILITY CRITERIA; REQUIRING A GUILTY PLEA AS A PROGRAM ENTRY REQUIREMENT; AND THE NECESSITY OF HEARINGS BEFORE UNSUCCESSFUL TERMINATION FROM THE PROGRAM. OTHER RELATED ISSUES ARE ALSO COVERED. PERTINENT JUDICIAL DECISIONS ARE CITED ON THE DIFFERENT ISSUES.