NCJ Number
6977
Date Published
1972
Length
15 pages
Annotation
OVERVIEW OF A STUDY DESIGNED TO ANALYZE PRETRIAL CRIMINAL PROCEDURES AND DETERMINE HOW EACH CONTRIBUTES TO THE DELAY BETWEEN ARREST AND DISPOSITION.
Abstract
THE STUDY STATES THAT IN THE FUTURE SUBSTANTIAL COMMITMENT OF RESOURCES AND EFFORT WILL BE NECESSARY IF THE DELAY THAT PARALYZES OUR JUSTICE SYSTEM AND DEMORALIZES OUR SOCIETY IS TO BE REVERSED. A TIME LINE GOVERNING THE STAGES IN THE DISPOSITION OF A CRIMINAL CASE WILL REMAIN MEANINGLESS UNLESS THERE IS A DETERMINATION ON THE PART OF THE PARTICIPANTS TO SEE THAT THE REQUIREMENTS ARE BINDING ON BOTH SIDES. IF DELAY IN BRINGING A CASE TO TRIAL IS ATTRIBUTABLE TO THE STATE, THE CHARGES SHOULD BE DISMISSED, THE STATE HAS AN EQUAL RIGHT TO A SPEEDY TRIAL, AND UNWARRANTED DELAYS CAUSED BY THE DEFENDANT OR HIS ATTORNEY SHOULD BE HANDLED JUST LIKE ANY OTHER DISRUPTION OF COURTROOM PROCEEDINGS. THE CHARGING PROCESS, NOW BURDENED WITH TIME-CONSUMING FORMAL PROCEDURES THAT CLUMSILY SUCCEED IN CHARGING BUT RARELY SCREEN, SHOULD BE STREAMLINED TO ELIMINATE DUPLICATION AND PROVIDE MORE EFFECTIVE SCREENING. THE DISTURBINGLY HIGH RATE OF DISMISSALS IN FELONY CASES PENDING FOR OVER A YEAR POINTS TO THE NEED FOR PROSECUTOR INVOLVEMENT EARLY IN THE CHARGING PROCESS. A MANDATORY PRE-CHARGING CONFERENCE BETWEEN THE PROSECUTOR AND THE ATTORNEY AT THE EARLIEST STAGE WILL SIFT MANY CASES OUT OF THE FELONY STREAM AND PRODUCE MORE REALISTIC CHARGES. AUTHOR ABSTRACT MODIFIED