PUNISHMENT BEFORE TRIAL - A POLITICAL CHOICE MODEL OF POLICY CHANGES IN PRETRIAL SANCTIONING (FROM THE STUDY OF CRIMINAL COURTS - POLITICAL PERSPECTIVES, 1979, BY PETER F NARDULLI - SEE NCJ-62401)

• NCJ Number: 62408
• Author(s): R B FLEMMING
• Date Published: 1979
• Length: 27 pages
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A POLITICAL CHOICE MODEL OF POLICY CHANGES AFFECTING PRETRIAL DETENTION AND RELEASE IS DEVELOPED.

Abstract

DECISIONMAKING PROCESSES AFFECTING PRETRIAL DETENTION AND RELEASE TEND TO REMAIN STABLE UNTIL AN ENVIRONMENTAL SHOCK DISTURBS THE STATUS QUO AND THE COURT'S PERCEPTION OF THE RISKS INVOLVED IN CONTINUING CURRENT POLICY. AS EACH POLICY ALTERNATIVE IS ADOPTED, THE CHOICE PROCESS STOPS IF EQUILIBRIUM IS REESTABLISHED. IF NOT, THE PROCESS RESUMES WITH THE CYCLE OF SEARCH AND ADOPTION REPEATING ITSELF, USING THE SAME GENERAL RULE OF RISK AVOIDANCE TO SELECT ALTERNATIVES UNTIL A NEW BALANCE IS STRUCK. WHETHER POLICY REVISIONS UNDER THE IMPETUS OF ENVIRONMENTAL SHOCK INCREASE OF DECREASE THE INCIDENCE AND PUNITIVENESS OF PRETRIAL PENALTIES DEPENDS ON THE NATURE OF THE ENVIRONMENTAL SHOCK. AN IMPORTANT FACTOR INFLUENCING THE COURT'S RESPONSE IS THE KIND AND AMOUNT OF SLACK EXISTING IN THE PRETRIAL SANCTIONING PROCESS AS A WHOLE. SLOW MOVING OR QUICK DISPOSITION PROCEDURES AND THE RELATIONSHIP BETWEEN DETENTION RESOURCES AND THE FACTORS AFFECTING THE INFLOW AND OUTFLOW OF PRISONERS STRUCTURE A COURT'S ARRAY OF POLICY OPTIONS AND THE NATURE OF THE POLICY CHANGES IT MAKES IN REACTING TO ENVIRONMENTAL DISTURBANCES. A CASE STUDY OF A DETROIT COURT CONFIRMS THIS MODEL OF PRETRIAL POLICY CHANGES. A 1971 CIVIL COMPLAINT CHALLENGED THE LEGALITY OF OVERCROWDING IN THE WAYNE COUNTY JAIL, RESULTING IN AN IMPOSITION OF A POPULATION LIMIT ON THE JAIL. AT THE SAME TIME, THERE WAS AN OUTCRY IN THE COMMUNITY OVER THE INCREASING CRIME RATE. RATHER THAN CHANGE PRETRIAL RELEASE POLICIES WHICH WOULD PUT MORE DEFENDANTS BACK INTO THE COMMUNITY WITH THE RISK OF THEIR COMMITTING NEW OFFENSES, THE COURT INCREASED COURT DISPOSITION RATES THROUGH MORE PLEA BARGAINING AND GAVE PRIORITY TO EARLY TRIALS FOR DEFENDANTS IN DETENTION. ONLY WHEN THE JAIL POPULATION STILL REMAINED OVER THE PRESCRIBED LIMIT, AFTER ALL OTHER EFFORTS AT REDUCTION HAD BEEN TRIED, DID THE COURT CHANGE ITS PRETRIAL RELEASE POLICY TO PERMIT MORE RELEASES ON RECOGNIZANCE. THUS, CONFLICT AND RISK ARE SHOWN TO BE MAJOR CHARACTERISTICS OF THE PROCESS OF POLICY CHANGE. GRAPHIC DATA, NOTES, AND REFERENCES ARE PROVIDED. (RCB)