NCJ Number
31923
Date Published
Unknown
Length
247 pages
Annotation
THIS DOCTORAL DISSERTATION ANALYZES THE DIFFERENCES BETWEEN THE IDEAL FUNCTIONING OF AND THE ACTUAL PRACTICES IN THE NEW HAMPSHIRE CRIMINAL JUSTICE SYSTEM CAUSED BY THE USE OF POLICE, PROSECUTORIAL AND JUDICIAL DISCRETION.
Abstract
THIS STUDY FOCUSES ON THE FUNCTIONING OF THE SUPERIOR COURT AND IS LIMITED TO THOSE CASES IN WHICH PROBABLE CAUSE WAS DETERMINED EITHER BY A LOWER COURT OR BY A GRAND JURY. THE AREAS OF SELECTIVITY EXAMINED ARE POLICE CLEARANCE OF CASES BY ARREST, THE SETTING OF BAIL, THE NUMBER OF JURY TRIALS, THE QUALITY OF DEFENSE PROVIDED, PLEA NEGOTIATIONS, THE CONSISTENCY OF COURT DISPOSITION WITH THE SERIOUSNESS OF THE CRIME, AND THE EFFECTIVENESS OF CORRECTIONAL INSTITUTIONS. THE AUTHOR FOUND THAT THE NEW HAMPSHIRE CRIMINAL JUSTICE SYSTEM FALLS 'FAR SHORT' OF THE IDEALS AS EXPRESSED IN FORMAL LEGAL CODES DUE TO DISCREPANCIES IN THE ADMINISTRATION OF BAIL AND THE PREVALENCE OF REDUCED CHARGES, BARGAIN PLEAS, SELECTIVE DISPOSITIONS, AND INCONSISTENT SENTENCES. HE CONCLUDES THAT ONLY A SMALL PORTION OF THE CRIMINAL POPULATION IS EFFECTED BY THE JUDICIAL PROCESS AND SUGGEST THAT EXISTING INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM (IN THE FORM OF DISCRIMINATION AGAINST THOSE OFFENDERS 'SELECTED' TO BE PROCESSED) COULD BE GREATLY REDUCED BY MODIFYING IDEALS AND LEGALIZING CERTAIN SELECTIVE PROCESSES SUCH AS PLEA BARGAINING.