NCJ Number
32548
Date Published
1972
Length
57 pages
Annotation
THIS STUDY INVESTIGATED THE IMPACT OF LAW AND ITS ABILITY TO INFLUENCE HUMAN BEHAVIOR, USING A CASE STUDY OF THE EFFECTIVENESS OF ONE LEGISLATIVE CHANGE - A 1971 MASSACHUSETTS PRE- AND POST-TRIAL DIVERSION STATUTE.
Abstract
A ONE-GROUP PRE-TEST POST-TEST MODEL WAS USED TO COMPARE OUTCOMES BEFORE THE LAW'S EFFECTIVE DATE WITH OUTCOMES AFTERWARDS. THE PRE-TEST CONSISTED OF ALL ADULT DRUG CASES COMMENCED IN A THREE-MONTH PERIOD NINE TO ELEVEN MONTHS BEFORE THE EFFECTIVE DATE OF THE LAW. THE POST TEST WAS A SIMILAR PERIOD ONE TO FOUR MONTHS AFTER THE LAW TOOK EFFECT. A TOTAL OF 803 CASES WERE STUDIED, COMPRISING 1552 DRUG COMPLAINTS. STUDY FINDINGS REVEALED THAT THE LAW DID NOT INCREASE TREATMENT OUTCOMES OVERALL AND PRODUCED ONLY A SLIGHT INCREASE (2 PERCENT) IN THE FREQUENCY OF PRETRIAL DIVERSION. THERE WERE NO SIGNIFICANT DIFFERENCE BETWEEN 1970 AND 1971 DEFENDANTS' DISPOSITIONS. EIGHTY-FOUR PER CENT OF DEFENDANTS WERE DISQUALIFIED FROM THE PROGRAM DUE TO FAILURE TO FILE A REQUEST FOR A DRUG DEPENDENCY DETERMINATION EXAMINATION. RESEARCHERS CONCLUDED THAT THE FACTORS ACCOUNTING FOR THE LAW'S LACK OF IMPACT INCLUDED IGNORANCE OF ITS PROVISIONS AMONG JUDGES, ATTORNEYS, AND DEFENDANTS; JUDICIAL HOSTILITY; INSUFFICIENT INCENTIVES FOR JUDGES AND DEFENDANTS TO USE THE LAW; RESTRICTIVE ELIGIBILITY REQUIREMENTS; THE BROAD DISCRETION GIVEN JUDGES, PSYCHIATRISTS, AND DEFENDANTS; AND THE LACK OF AN ORGANIZED CONSTITUENCY. RECOMMENDATIONS FOR OPTIMIZING THE IMPACT OF LAWS ON BEHAVIOR AND SOCIAL CHANGE ARE INCLUDED. FOR THE PROJECT REPORT SUMMARY, SEE NCJ-32537. (AUTHOR ABSTRACT MODIFIED)