U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

AMERICAN CRIMINAL JUSTICE - THE DEFENDANT'S PERSPECTIVE

NCJ Number
11086
Author(s)
J D CASPER
Date Published
1972
Length
192 pages
Annotation
INTERVIEWS WITH 71 CONNECTICUT FELONY DEFENDANTS REVEAL THEIR OPINIONS OF THE ADJUDICATORY, SENTENCING, AND INCARCERATION PROCESS.
Abstract
WHILE MUCH HAS BEEN WRITTEN ABOUT THE CRIMINAL JUSTICE SYSTEM FROM THE POINT OF VIEW OF THE POLICE, PROSECUTORS, AND COURT ADMINISTRATORS, VERY LITTLE HAS BEEN WRITTEN ABOUT THE PROCESS FROM THE DEFENDANT'S VIEWPOINT. THIS WORK EXAMINES WHAT THE DEFENDANT THINKS IS HAPPENING TO HIM, HOW HE PERCEIVES THE OTHER ACTORS IN THE CRIMINAL JUSTICE PROCESS, AND WHAT HE LEARNS FROM HIS ENCOUNTER WITH THE COURTS. A MAJORITY OF THE DEFENDANTS FELT THAT THE POLICE IN GENERAL WERE FAIR AND DID NOT USE EXCESSIVE FORCE OR PRESSURE DURING THE ARREST PROCEDURES. MOST DEFENDANTS PERCEIVED PUBLIC DEFENDERS AS PART OF THE 'SYSTEM' AND WOULD HAVE PREFERRED EITHER PRIVATE OR SPECIALLY APPOINTED ATTORNEYS. IN FACT, PUBLIC DEFENDERS WERE VIEWED AS SUBORDINATE TO THE PROSECUTORS, WHO WERE SEEN AS CONTROLLING THE ENTIRE PROCESS. EVEN JUDGES, ACCORDING TO THESE DEFENDANTS, GENERALLY DID WHAT THE PROSECUTORS TOLD THEM TO DO. THE CONSENSUS WAS THAT DEFENDANTS FELT THEIR CASES WERE DECIDED MORE OFTEN BY BARGAINING AND LUCK THAN BY LEGAL PRINCIPLES. THE IMPLICATIONS OF THIS DOCUMENT WILL BE OF PARTICULAR CONCERN TO ALL CRIMINAL JUSTICE PERSONNEL COMING INTO CONTACT WITH THE 'CONSUMERS' OF OUR COURT SYSTEM. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)

Downloads

No download available

Availability