NCJ Number
112463
Journal
Law and Society Review Volume: 22 Issue: 3 Dated: (1988) Pages: 483-507
Date Published
1988
Length
25 pages
Annotation
This article reports on a study designed to measure whether procedural justice is important to defendants in felony cases.
Abstract
The attitudes of 411 felony defendants from 3 U.S. cities are analyzed. The defendants were interviewed twice: once shortly after their arrests and again after final disposition of their cases. The defendants were accused of a variety of felonies: crimes against persons (30 percent), property crimes (42 percent), drug charges (22 percent), and miscellaneous lesser crimes (7 percent). Most (72 percent) of the convictions for these felons were obtained by plea; the remaining quarter were convicted by bench rather than jury trial. Slightly over one-half of the defendants (51 percent) were sentenced to incarceration, with 34 percent receiving prison terms and 17 percent receiving jail terms. Slightly less than half received sentences not involving incarceration, with 32 percent receiving probation, 11 percent fines, and the remainder suspended sentences, summary probation, or time served. The defendants were young, largely black, poorly educated, unemployed, and had histories of criminal behavior. The defendants were asked a series of questions regarding the severity of their sentences, whether they felt their cases were treated fairly or unfairly, and how they would have liked to have been treated. Most (52 percent) said they felt their sentences were about right; 55 percent said they were treated fairly, and 29 percent said they were satisfied with the outcomes of their cases. The 71 percent expressing dissatisfaction with the outcomes of their cases included a number expressing regret about the behavior that led to arrest. The researchers conclude that the defendants paid attention to the procedures and that fairness of legal process matters to them. An appendix contains the questions asked of the felons in the research study. 29 references.