NCJ Number
34974
Date Published
1976
Length
40 pages
Annotation
RESEARCHES HAVE SUGGESTED THAT THE USE OF OFFICIAL CLASSIFICATORY SCHEMA FOR CRIMINOLOGICAL RESEARCH IS QUESTIONABLE SINCE, DUE TO PLEA BARGAINING, STATISTICS DO NOT REFLECT THE ACTUAL OFFENSES COMMITTED.
Abstract
IN THE ACTUAL OPERATIONS OF THE ADMINISTRATIVE LEGAL SYSTEM, OFFENSES ARE REGULARLY REDUCED TO OTHER OFFENSES. THE LATTER OF WHICH ARE NOT NECESSARILY OR SITUATIONALLY INCLUDED IN THE FORMER. 'NORMAL CRIMES' ARE DEFINED AS THOSE OCCURRENCES WHOSE TYPICAL FEATURES - THE WAY THEY USUALLY OCCUR, THE CHARACTERISTICS OF PERSONS WHO COMMIT THEM, TYPICAL VICTIMS AND SCENES - ARE KNOWN AND ATTENDED TO BY THE PUBLIC DEFENDER. OVER THE COURSE OF THEIR INTERACTION AND REPEATED 'BARGAINING' DISCUSSIONS, THE PUBLIC DEFENDER AND DISTRICT ATTORNEY DEVELOP A SET OF INSTATED RECIPES FOR REDUCING ORIGINAL CHARGES TO LESSER OFFENSES FOR THESE NORMAL CRIMES. HOWEVER, THE SPECIFIC CONTENT OF ANY REDUCTION IS SUCH THAT THE REDUCED OFFENSE MAY BEAR NO OBVIOUS RELATION TO THE OFFENSE ORIGINALLY CHARGED - THE REDUCTION OF BURGLARY TO PETTY THEFT FOR EXAMPLE. THIS REPORT EXAMINES THE OPERATIONS OF A PUBLIC DEFENDER SYSTEM TO ASSESS THE JUSTIFICATION FOR THE POSITION THAT BY SOCIOLOGICALLY REGARDING, RATHER THAN CRITICIZING, RATES OF STATISTICS AND THE CATEGORIES EMPLOYED TO ASSEMBLE THEM, ONE LEARNS ABOUT THE 'RATE PRODUCING AGENCIES' AND THE ASSEMBLING PROCESS. THE AUTHOR FIRST CONSIDERS THE GUILTY PLEA AS A WAY OF HANDLING CRIMINAL CASES, FOCUSING ON SOME FEATURES OF THE PENAL CODE AS A DESCRIPTION OF A POPULATION OF DEFENDANTS. THE PUBLIC DEFENDER OPERATION IS THEN DESCRIBED WITH EMPHASIS BEING PLACED ON THE WAY DEFENDANTS ARE REPRESENTED. A BRIEF ANALYSIS OF THE WAY IN WHICH THE PUBLIC DEFENDER PREPARES AND CONDUCTS A DEFENSE ATTEMPTS TO INDICATE THE CONNECTION BETWEEN CERTAIN PROMINENT ORGANIZATIONAL FEATURES OF THE PUBLIC DEFENDER SYSTEM AND THE PENAL CODE'S PLACE IN ITS ROUTINE OPERATION.