NCJ Number
60677
Date Published
1977
Length
33 pages
Annotation
MORE THAN 100 INDIVIDUAL STANDARDS COVERING ALL ASPECTS OF THE NEW HAMPSHIRE COURT SYSTEMS ARE PRESENTED IN THIS SUMMARY REPORT.
Abstract
AFTER AN INTRODUCTORY SECTION ON THE DEVELOPMENT OF THE STANDARDS AND GOALS, THE REPORT COVERS 16 MAJOR ASPECTS OF THE JUDICIAL SYSTEM IN NEW HAMPSHIRE. PRETRIAL RELEASE, BASED UPON THE PRECEPT THAT THE DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY, HAS FOUR MAIN PURPOSES: (1) TO INSURE THAT THE DEFENDANT WILL APPEAR FOR TRIAL; (2) TO PROVIDE DEFENDANTS AND THEIR COUNSEL WITH THE GREATER OPPORTUNITY TO PREPARE FOR TRIAL; (3) TO PREVENT UNNECCESSARY INCARCERATION OF DEFENDANTS WHO POSE NO DANGER; AND (4) TO REDUCE THE COSTS, BOTH FINANCIAL AND SOCIAL, OF INCARCERATING DEFENDANTS. BAIL AND RELEASE ON PERSONAL RECOGNIZANCE ARE TWO COMMON FORMS OF PRETRIAL RELEASE. THE STANDARDS ON PRETRIAL RELEASE ARE DESIGNED TO STRENGHTEN THE PRESENT MONEY BAIL SYSTEM AND TO ENCOURAGE THE COURT TO EXPLORE OTHER FORMS OF PRETRIAL RELEASE. SCREENING AND DIVERSION STANDARDS ARE DESIGNED TO ENHANCE PRESENT METHODS BY CLEARLY DEFINING PROCEDURES AND CRITERIA. THE STANDARDS LISTED UNDER PROSECUTION ARE DIRECTED TOWARD PROFESSIONALIZING THE OFFICE OF PROSECUTOR THROUGH EXTENDING THE TERM, INCREASING THE LEGAL AND INVESTIGATIVE STAFF, ADJUSTING COMPENSATION SCALES, AND PROVIDING PROFESSIONAL PROSECUTORS IN AS MANY CASES AT ALL LEVELS OF COURT AS POSSIBLE. THE ISSUES OF ELIGIBILITY, ACCESS, AVAILABILITY, AND SUPERVISION OF REPAYMENT ARE ADDRESSED IN THE STANDARDS FOR THE CATEGORY OF DEFENSE. ADDITIONAL STANDARDS IN THIS SECTION ARE CONCERNED WITH THE RIGHTS OF JUVENILES, THE MENTALLY ILL, AND INDIGENTS WHO MAY BE INVOLVED IN CIVIL DISPUTES. THE STANDARDS FOR THE GRAND JURY ARE DIRECTED AT IMPROVING THE GRAND JURY SYSTEM BY MAKING THE MEMBERS MORE INFORMED AND MAKING THE SYSTEM MORE EFFICIENT. OTHER ASPECTS OF THE NEW HAMPSHIRE COURT SYSTEM COVERED BY THE STANDARDS INCLUDE PLEA BARGAINING, TRIAL PROCEDURE, SENTENCING, PROBATION, APPELLATE PROCEDURE, SPEEDY TRIAL, JUDICIAL SELECTION AND CONDUCT, CONTINUING EDUCATION, PUBLIC EDUCATION AND NEWS COVERAGE, COURT FACILITIES, AND COURT ORGANIZATION AND ADMINISTRATION. (PRG)