NCJ Number
58007
Date Published
1979
Length
182 pages
Annotation
THE DISPOSITION PROCESS FOR ADULT FELONY CASES IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIF. (CENTRAL DISTRICT), IS EXAMINED, WITH PARTICULAR ATTENTION TO FACTORS THAT DETERMINE WHETHER A CASE GOES TO TRIAL.
Abstract
DRAWING ON DATA GATHERED DURING 1970-71 FROM OBSERVATIONS, INTERVIEWS, AND EXAMINATIONS OF CASE FILES AND COURT STATISTICS, THIS ETHNOGRAPHIC ANALYSIS FOCUSES ON THE SOCIAL AND CULTURAL CONTEXT (AT THE COURT LEVEL) OF THE LEGAL PROCESS. THE ROLES OF THE MAIN PARTICIPANTS IN THE PROCESS--JUDGES, PROSECUTORS, DEFENSE ATTORNEYS, DEFENDANTS--ARE DESCRIBED, TOGETHER WITH THE MANNER IN WHICH CASES ARE CATEGORIZED ACCORDING TO THE CRITIERA ATTORNEYS USE TO ORGANIZE THEIR WORK (I.E., THE SERIOUSNESS OF THE CASE, IN TERMS OF BOTH THE LIKELY SENTENCE AND THE OFFENSE ITSELF, AND THE STRENGTH OF THE PROSECUTIONS'S CASE). AN OVERVIEW OF THE ENTIRE COURT PROCESS, FROM ARREST TO DISPOSITION, SHOWS HOW THIS CATEGORIZATION RELATES TO PRETRIAL DECISIONS AND PATTERNS OF CASE DISPOSITION. SEPARATE CHAPTERS DEAL WITH THE DYNAMICS OF DISPOSITION FOR LIGHT AND SERIOUS CASES. THE FOLLOWING FACTORS ARE IDENTIFIED AS DETERMINANTS OF THE LIKELIHOOD THAT A CASE WILL GO TO TRIAL: (1) DISAGREEMENT BETWEEN PROSECUTION AND DEFENSE OVER THE SENTENCE IF PUNISHMENT IS LIKELY TO BE SEVERE, (2) DISAGREEMENT OVER THE BASIC QUESTION OF LEGAL GUILT, (3) THE DEFENSE ATTORNEY'S UNWILLINGNESS TO GO ALONG WITH THE NORM REGARDING THE KINDS OF CASES THAT 'OUGHT' TO BE NEGOTIATED, (4) THE DEFENDANT'S UNWILLINGNESS TO ACCEPT A NEGOTIATED PLEA, AND (5) CASELOAD CONGESTION (A RELATIVELY UNIMPORTANT FACTOR). IT IS CONCLUDED THAT REFORMS SHOULD FOCUS ON THE SUBSTANCE OF THE CRIMINAL LAW, PARTICULARLY ON SENTENCING, RATHER THAN ON PLEA-BARGAINING PROCEDURES. HOWEVER, IF REFORMS MUST BE PROCEDURAL, THEY SHOULD BE CONCERNED WITH ENHANCING THE DEFENDANT'S PARTICIPATION IN ATTORNEY-CLIENT DECISIONMAKING AND IN THE OVERALL COURT PROCESS. A BIBLIOGRAPHY AND SUPPORTING DATA ARE PROVIDED. (LKM)