NCJ Number
107904
Journal
Law and Psychology Reivew Volume: 10 Dated: (Spring 1986) Pages: 19-57
Date Published
1986
Length
39 pages
Annotation
Attitudes of Kansas lawyers and judges toward the de novo trial process in two-tiered courts in the State were examined to clarify the environment of these courts, the possibilities for change, and the patterns of behavior in court settings.
Abstract
The two-tier process involves an initial trial in municipal or magistrate's court, with the absolute right to a second trial, de novo, in a higher court. No transcribed record exists of the proceedings. Interviews with 5 people involved with the de novo process were used to develop a questionnaire, which was mailed to 500 people equally divided among 4 categories: (1) municipal judges, (2) district judges, (3) city prosecutors, and (4) defense attorneys. The 301 respondents included 87 city prosecutors, 90 municipal judges, 60 district judges, and 74 defense attorneys. In contrast to views expressed by the U.S. Supreme Court, respondents believed that the two-tiered system does not adequately protect the right to trial by jury, that it violates the right against double jeopardy, and that it also imposes psychological hardship on defendants. Respondents also believed that the two-tier structure has an adverse psychological effect on judges, defense attorneys, and prosecutors. All groups favored reforms, including increased appellate supervision of municipal court, bypass or trial by jury in the first tier, and the transcription of municipal trials. 11 data tables and 104 footnotes.