NCJ Number
51113
Date Published
1975
Length
261 pages
Annotation
THE RELATIONSHIP BETWEEN IDEALS AND ACTUAL OPERATION IN THE U.S. CRIMINAL JUSTICE SYSTEM IS EXAMINED, WITH ATTENTION TO THE SYSTEM IN NEW HAMPSHIRE.
Abstract
THE MAJOR OBJECTIVE WAS DETERMINING TO WHAT EXTENT CRIMINAL JUSTICE IDEALS ARE DISCERNABLE IN THE ACTUAL ADJUDICATION PROCESS. THE SELECTIVE ATTRITION OF CRIMINAL CASES PROCESSED BY THE NEW HAMPSHIRE SUPERIOR COURT DURING 1970 WAS STUDIED AS A MODEL FOR IDEAL/ ACTUAL VARIANCE OCCURRING WITHIN THE CRIMINAL JUSTICE SYSTEM AS A WHOLE. A DESCRIPTIVE, EXPLORATORY RESEARCH APPROACH WAS UTILIZED, BASED ON THREE GUIDING THEMES CONCERNING THE IDEAL FUNCTIONING OF THE LAW ENFORCEMENT, JUDICIARY, AND CORRECTIONS COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM. CRIMINAL CASES WERE REVIEWED TO DETERMINE THE ACTUAL PERFORMANCE OF THE SYSTEM REGARDING THE EXTENT TO WHICH THE STATE AND LOCAL POLICE PURSUE SERIOUS CRIMINAL VIOLATORS, THE EFFECTIVENESS OF THE JUDICIARY IN ADJUDICATING DEFENDANTS REFERRED FROM THE POLICE AND GRAND JURIES, AND THE CONSISTENCY OF DISPOSITIONS HANDED DOWN FROM TRIAL COURT, ESPECIALLY IN COMPARISON TO THE NATURE OR SERIOUSNESS OF OFFENSES. THE ANALYSIS INDICATED THAT THE LAW ENFORCEMENT COMPONENT CORRESPONDED CLOSELY WITH ITS IDEAL MANDATE, THAT OF PROTECTING THE PUBLIC FROM SERIOUS OFFENDERS; THE 1970 ARREST RATE SHOWED THAT 55 PERCENT OF THE ARRESTS WERE FOR FELONY ARRESTS AND THAT 81 PERCENT OF THESE INVOLVED SERIOUS OFFENSES. THE JUDICIARY SHOWED MARKED DISCREPANCIES BETWEEN ITS IDEAL MANDATE AND ACTUAL PRACTICES. THE MOST OBVIOUS BREACH INVOLVED COLLUSION BETWEEN THE SUPPOSEDLY SEPARATE JUDICIAL ENTITIES OF THE ADVERSARY SYSTEM: DEFENSE, PROSECUTION, AND THE COURT. PLEA BARGAINING, PROSECUTOR'S DISCRETION, AND OTHER FORMS OF NEGOTIATED JUSTICE WERE USED TO CIRCUMVENT COURT PROCEDURES. THE OUTPUT FUNCTION OF THE COURTS, THAT IS, CORRECTIONS, INVOLVED A COMPARISON OF CONFINEMENT VERSUS NONCONFINEMENT DISPOSITIONS, WITH A STATEWIDE SAMPLE INDICATING THAT 48 PERCENT OF CRIMINAL CASES RESULTED IN CONFINEMENT. DECISIONS TO CONFINE WERE CLOSELY RELATED TO THE SERIOUSNESS OF INDIVIDUAL OFFENSES. OVERALL, THE STUDY SHOWED THAT THE ROLE OF THE POLICE AND CORRECTIONS ARE DEPENDENT UPON THE JUDICIARY AND WHEN THE JUDICIARY FAILS TO FUNCTION ACCORDING TO ITS IDEAL, THEN LATENT OR UNINTENDED PRACTICES TEND TO OCCUR, WITH CONSEQUENCES FOR THE ENTIRE CRIMINAL JUSTICE MISSION. TABULAR DATA AND A RESEARCH INSTRUMENT ARE APPENDED. REFERENCES AND A BIBLIOGRAPHY ARE PROVIDED. (KBL)