WHERE HAVE ALL THE RAPISTS GONE? AN ILLUSTRATION OF THE ATTRITION-OF-JUSTICE PHENOMENON (FROM VIOLENT CRIME HISTORICAL AND CONTEMPORARY ISSUES, 1978, BY JAMES A INCIARDI AND ANNE E POTTIEGER - SEE NCJ-52628)

• NCJ Number: 52631
• Author(s): V M ROSE; S C RANDALL
• Date Published: 1978
• Length: 15 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE HIGH RATE OF ATTRITION AS RAPE/SEXUAL ASSAULT CASES PROCEED THROUGH THE CRIMINAL JUSTICE SYSTEM OF A MAJOR METROPOLITAN COUNTY IN THE SOUTHWEST IS EXAMINED.

Abstract

THE REPORT OPENS WITH A DISCUSSION OF THE DISCREPANCIES BETWEEN THE RATES OF ACTUAL CRIME AND REPORTED CRIME, WITH REFERENCE TO THE APPARENT UNRELIABILITY OF OFFICIAL STATISTICS AS INDICATORS EITHER OF INCREASES OR DECREASES IN THE ACTUAL RATE OF A PARTICULAR OFFENSE OR OF THE ACTUAL NUMBER OF OFFENSES KNOWN TO THE PUBLIC OR TO POLICE. THE SPECIAL SIGNIFICANCE OF THIS DISCREPANCY FOR RAPE/SEXUAL ASSAULTS, WHICH ARE TRADITIONALLY UNDERREPORTED, IS NOTED, A STUDY IN WHICH INFORMATION ON FINAL DISPOSITION WAS SOUGHT FOR 129 SEXUAL OFFENSES OFFICIALLY RECORDED BY POLICE DURING A 2-MONTH PERIOD IN 1976 IS REVIEWED. THE 129 CASES DID NOT INCLUDE THOSE THAT HAD BEEN DEEMED UNSUBSTANTIATED BY THE POLICE AND THEREFORE NOT RECORDED. ATTRITION WAS FOUND AT EACH STAGE OF THE CRIMINAL JUSTICE PROCESS, AS WERE PROBLEMS IN TRACKING CASES. FOR A VARIETY OF REASONS, SUSPECTS WERE NOT ACTIVELY SOUGHT BY POLICE IN 49 (38 PERCENT) OF THE CASES. IN NEARLY THREE-FOURTHS OF THE 80 CASES IN WHICH SUSPECTS WERE SOUGHT, A SUSPECT WAS APPREHENDED. HOWEVER, ONLY 44 CASES WERE PRESENTED TO THE GRAND JURY, 15 HAVING BEEN DISMISSED OR PLEA BARGAINED TO A LESSER OFFENSE. A SUSPECT WAS INDICTED BY THE GRAND JURY IN 23 CASES. LESS THAN 15 PERCENT OF THE 129 ORIGINAL CASES REACHED TRIAL. THE MAJORITY OF CASES THAT WENT TO TRIAL WERE HEARD BEFORE A JUDGE; ONLY THREE CASES WERE HEARD BY JURIES. ALL THREE OF THE DEFENDANTS WHO HAD JURY TRIALS WERE CONVICTED AND SENTENCED TO PRISON. ALL 16 DEFENDANTS TRIED BEFORE JUDGES WERE FOUND GUILTY, BUT 8 WERE SENTENCED TO PROBATION RATHER THAN PRISON. HALF OF THE CASES SCHEDULED FOR JURY TRIAL WERE STILL PENDING AT THE TIME OF THE STUDY. THE DEARTH OF INFORMATION AVAILABLE FROM PUBLIC RECORDS MADE IT IMPOSSIBLE TO EXPLORE AS MANY VARIABLES AS HAD BEEN INTENDED. THERE WERE PARTICULAR PROBLEMS IN TRACKING CASES THROUGH THE POLICE-HANDLING, TRIAL, AND SENTENCING STAGES. HOWEVER, THE PHENOMENON OF ATTRITION WAS DOCUMENTED. PLANS TO BASE FUTURE STUDIES ON ANALYSES OF CASES AS THEY PROCEED THROUGH THE SYSTEM RATHER THAN ON OFFICIAL RECORDS ARE NOTED. NO TABULAR DATA ARE PROVIDED. A LIST OF REFERENCES IS INCLUDED. (LKM)