PRETRIAL INJUSTICE - AN ANALYSIS OF THE PRETRIAL ASPECTS OF THE CRIMINAL JUSTICE SYSTEM AND A PROPOSAL FOR CHANGE

• NCJ Number: 51239
• Author(s): H I ROBINS
• Date Published: 1974
• Length: 172 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNION GRADUATE SCHOOL - DOCTORAL DISSERTATION

Annotation

THIS PAPER DESCRIBES AREAS IN THE PRETRIAL DETENTION SYSTEM WHICH NEED TO BE CHANGED, AS WELL AS THE OBSTACLES IMPEDING THE PROCESS OF CHANGE.

Abstract

THIS DOCUMENT PRESENTS A COMPREHENSIVE AND SYSTEMATIC POLICY AND PROGRAM INITIATIVE DIRECTED AT ELIMINATING THE DISCRIMINATION FELT BY MINORITIES AND THE POOR WHEN CONFRONTED WITH ARREST, TRIAL, AND IMPRISONMENT. THE SOLUTIONS TO THE PROBLEMS OF CRIMINAL JUSTICE LIE IN IMPLEMENTING A NEW PRETRIAL SYSTEM RATHER THAN IN REFORMING THE EXISTING SYSTEM. THE FIRST SECTION OF THE DOCUMENT ANALYZES BAIL AND DETENTION IN NEW YORK CITY'S CRIMINAL JUSTICE SYSTEM AND INCLUDES A STATISTICAL OVERVIEW. THE DEPARTMENT OF CORRECTION ESTIMATES THAT 60% OF PERSONS ARRAIGNED FOR MISDEMEANORS AND FELONIES ARE REMANDED TO DETENTION. DURING THE FIRST NINE MONTHS OF 1972, THE AVERAGE WAIT FOR CRIMINAL COURT ACTION WAS 1.3 MONTHS; THE AVERAGE DAILY NUMBER OF OFFENDERS WAITING WAS 1,723. THE SUPREME COURT WAIT WAS 4.2 MONTHS; THE AVERAGE DAILY NUMBER OF OFFENDERS WAITING WAS 5,352. IN 1973 IT WAS DETERMINED THAT 70% OF DETAINEES DID NOT SERVE A SENTENCE AFTER AJUDICATION. IN AN EXAMINATION OF PERSONNEL, A NOTED ABSENCE OF ACCOUNTABILITY WAS APPARENT. CONSIDERATION TO THE NEW PRISONERS' DEMANDS FOR BASIC RIGHTS IS OF PRIME CONCERN IN FORMULATING PLANS FOR CHANGE N THE CRIMINAL JUSTICE SYSTEM. THE SECOND PART OF THE DOCUMENT DESCRIBES PROPOSED INSTITUTIONAL CHANGES WITHIN THE PRETRIAL ASPECTS OF THE URBAN CRIMINAL JUSTICE SYSTEM. THE FOLLOWING ALTERNATIVES ARE SUGGESTED: A POPULATION REDUCTION IN CITY JAILS; PROVISION FOR A HUMANE LIVING ENVIRONMENT; PRESENTATION OF INDIVIDUAL DIVERSIONS PREVENTING INSTITUTIONAL DETENTION; CONSIDERATION OF OPTIONS TO CASH BAIL OR BAIL BOND; AND PRODUCTION OF EVIDENCE OF PRETRIAL INCARCERATION COSTS AS RELATED TO PUBLIC BENEFITS. SOCIAL CONTROL THROUGH NONCRIMINAL SANCTIONS SHOULD PROVE TO BE MORE EFFECTIVE AND EFFICIENT. A BIBLIOGRAPHY, FOOTNOTES, AND CASE STUDIES ARE PROVIDED. AN APPENDIX CONTAINS A LIST OF GRIEVANCES OF THE TOMBS INMATES. (JCP)