SYSTEM IMPACT OF CRIMINAL JUSTICE REFORMS (FROM LAW, JUSTICE, AND THE INDIVIDUAL IN SOCIETY - PSYCHOLOGICAL AND LEGAL ISSUES, 1977 BY JUNE LOUIN TAPP AND FELICE J LEVINE - SEE NCJ-47140)

• NCJ Number: 47147
• Author(s): R T NIMMER
• Date Published: 1977
• Length: 14 pages
• Corporate Author: Holt, Rinehart and Winston
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE IMPACT OF A MAJOR REFORM OF SENTENCE STATUTES FOR FEDERAL DRUG CRIMES ON THE JUDICIAL PROCESS IN ONE FEDERAL DISTRICT COURT IS EXAMINED.

Abstract

THE JUDICIAL PROCESS IS VIEWED AS A COMPLEX SET OF OVERLAPPING INTERACTIONS, WITH INDIVIDUAL ACTIONS SHAPED BY VARIOUS INFORMAL NORMS, INCLUDING THOSE THAT ESTABLISH COOPERATIVE RELATIONSHIPS AMONG ATTORNEYS AND JUDGES AND THOSE THAT REINFORCE A SYSTEM OF BARGAINING AND EXCHANGE AS THE DOMINANT MODE OF CASE DISPOSITION. IMPLEMENTED REFORMS ARE CONCEPTUALIZED AS ALTERATIONS WITHIN A STABLE ENVIRONMENT THAT MAY OR MAY NOT EVOKE BEHAVIORAL CHANGE FROM THE PEOPLE INVOLVED IN THE JUDICIAL PROCESS. THE CASE STUDY FOCUSES ON THE IMPACT OF A MAJOR MANDATORY REFORM OF SENTENCING STATUTES RELATING TO FEDERAL CRIMES INVOLVING THE IMPORTATION OF HEROIN AND MARIJUANA. THE COURT IN QUESTION IS THE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA (SAN DIEGO), WHICH PROCESSES THE GREATEST CONCENTRATION OF DRUG IMPORTATION VIOLATIONS IN THE FEDERAL SYSTEM. THE REFORM DREW SHARP DISTINCTIONS BETWEEN CRIMES INVOLVING MARIJUANA AND THOSE INVOLVING HEROIN AND PRODUCED MAJOR REDUCTIONS IN PENALTIES FOR ALL DRUG OFFENSES. THE IMPACT OF THE REFORM WAS EXAMINED BY COMPARING CASE DISPOSITION RECORDS FOR MARIJUANA AND HEROIN IMPORTATION BEFORE AND AFTER INTRODUCTION OF THE REFORM. THE REFORM HAD ONLY A PRO FORMA IMPACT ON SENTENCING PRACTICES FOR BOTH HEROIN AND MARIJUANA CASES. THERE WAS A PROCEDURAL IMPACT, BUT NO SUBSTANTIVE IMPACT, ON PLEA-BARGAINING PRACTICES IN HEROIN CASES. THE MAJOR EFFECT WAS AN INDIRECT, SUBSTANTIVE IMPACT ON PLEA-BARGAINING PRACTICES IN MARIJUANA CASES. THE SUBSTANTIVE CHANGE IN GUILTY PLEA SENTENCES WAS A BYPRODUCT OF THE 'EXCHANGE SYSTEM.' THE REFORM ALTERED ONE PARAMETER BY LOWERING THE POTENTIAL SENTENCE ON CONVICTION BY TRIAL. THE SYSTEM RESPONDED BY ADJUSTING ANOTHER PARAMETER -- THE CONCESSIONS RECEIVED IN EXCHANGE FOR GUILTY PLEAS. SUPPORTING DATA ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)