NCJ Number
57582
Date Published
1976
Length
45 pages
Annotation
DURING 1976 THE JUDICIAL COUNCIL OF NEW MEXICO STUDIED LAWS RELATING TO SENTENCING AND DISPOSITION OF CRIMINAL OFFENDERS, THE WORK OF COURT REPORTERS, THE USE OF PARAJUDGES, AND THE COURTS OF LIMITED JURISDICTION.
Abstract
THE SENTENCING STUDY FOUND THAT THERE IS A NEED FOR MORE EFFECTIVE APPREHENSION AND PROSECUTION, AS WELL AS MORE SEVERE SENTENCING. AMENDING THE CRIMINAL CODE TO PROVIDE HARSHER SENTENCES MAY HAVE SOME INFLUENCE ON CRIME RATES, BUT THIS IS NOT LIKELY TO BE EFFECTIVE UNLESS THE CRIME REPORTING AND CRIME CLEARANCE RATES ARE INCREASED. ALSO, IF MORE OFFENDERS ARE INCARCERATED, FACILITIES MUST BE INCREASED IMMEDIATELY. THE REPORT THEN RECOMMENDS CHANGES IN PROBATION AND PAROLE PROCEDURES AND THE ESTABLISHMENT OF RESTITUTION FOR THE VICTIM AS A CONDITION FOR PROBATION AND PAROLE. THE COURT REPORTER STUDY WAS CONDUCTED BY THE NATIONAL SHORTHAND REPORTERS ASSOCIATION. THE RECOMMENDATIONS DEVELOPED GENERALLY CONCERN STANDARDIZING PROCEDURES AND IMPROVING HIRING AND TRAINING. THE SYSTEM PER SE WORKS WELL. USE OF PARAJUDGES IS SUGGESTED TO RELIEVE THE EVER INCREASING DISTRICT COURT CASELOAD. THE WORK THESE TRAINED ARBITRATORS COULD PERFORM IS SPELLED OUT. LAWYERS APPROVE OF THE CONCEPT AND A PILOT PROJECT IS URGED. THE STUDY OF THE COURTS OF LIMITED JURISDICTION RECOMMENDS CONSOLIDATIONS, MORE ADMINISTRATIVE SUPPORT, ABOLISHING TRIALS DE NOVO (A SUGGESTION REJECTED BY THE FULL COMMITTEE), AND MERIT SELECTION OF JUDGES. JUROR COMPENSATION, JUDICIAL COMPENSATION, AND AUDIO TAPE TRANSCRIPTS WERE ALSO CONSIDERED. (GLR)