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PRETRIAL INTERVENTION UNDER NEW JERSEY COURT RULE 3-28 PROPOSED GUIDELINES FOR OPERATION

NCJ Number
15744
Journal
Criminal Justice Quarterly Volume: 2 Issue: 4 Dated: (FALL 1974) Pages: 178-215
Author(s)
J G ZALOOM
Date Published
1974
Length
37 pages
Annotation
THE DEVELOPMENT OF PRE-TRIAL INTERVENTION IN NEW JERSEY AND TEN GUIDELINES FOR ITS FUTURE OPERATION.
Abstract
PRETRIAL INTERVENTION IS A CRIMINAL JUSTICE REFORM MOVEMENT THAT HAD ITS BEGINNINGS LESS THAN A DECADE AGO AND THAT HAS, SINCE 1970, BEGUN TO SPREAD RAPIDLY ACROSS THE NATION. THIS ARTICLE TRACES THE DEVELOPMENT OF PTI IN NEW JERSEY TO ITS PRESENT STAGE, AND FOR THE FUTURE PROPOSES GUIDELINES FOR OPERATION OF A PROGRAM THAT PROMISES TO HAVE WIDE-SPREAD EFFECT ON THE STATE'S CRIMINAL JUSTICE SYSTEM. THE NEW JERSEY PROGRAMS ARE BASED ON A STATE SUPREME COURT RULE FIRST PROMULGATED IN 1970. THE RULE PROVIDES OFFICIAL SANCTION FOR LOCAL PRETRIAL INTERVENTION PROGRAMS APPROVED BY THE SUPREME COURT AND OUTLINES IN-COURT PROCEDURES FOR PARTICIPATION AND TERMINATION. THE OPERATION OF THE HUDSON COUNTY PRETRIAL INTERVENTION PROGRAM IS REVIEWED IN DETAIL, INCLUDING SELECTION CRITERIA, STAFFING, PROCEDURES FOR APPLICATION AND PARTICIPATION, AND SUCCESS RATES. TEN GUIDELINES FOR OPERATION ARE PRESENTED ALONG WITH COMMENTARY ON EACH. THEY ARE BASED ON STANDARDS RECOMMENDED BY THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS AND THE AMERICAN BAR ASSOCIATION PROJECT ON STANDARDS FOR CRIMINAL JUSTICE AS WELL AS ON NEW JERSEY EXPERIENCES WITH PRE-TRIAL DIVERSION. THE GUIDELINES DISCUSS PURPOSES, ENROLLMENT, SCOPE, ELIGIBILITY, AND TIME LIMITATIONS FOR PARTICIPATION. THEY ALSO PROVIDE FOR WRITTEN DECISIONS REGARDING PARTICIPATION, TERMINATION, AND DISMISSAL OF CHARGES AND SUGGEST THAT AVENUES OF REVIEW BE MADE AVAILABLE TO AGGRIEVED DEFENDANTS AND PARTICIPANTS. (SNI ABSTRACT)

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