NCJ Number
58812
Date Published
1978
Length
22 pages
Annotation
THE CRIMINAL JUSTICE SYSTEM AND THE USE OF INDETERMINATE SENTENCES AND PAROLE HAVE BEEN SUBJECTED TO CRITICISM AND EVALUATION BECAUSE OF THE LARGE NUMBER OF REPEAT OFFENDERS.
Abstract
INDIVIDUALS WITH EXTENSIVE RECORDS OF PAST CRIMINAL ACTIVITY ARE FREQUENTLY REARRESTED FOR CRIMES COMMITTED WHILE THEY ARE ON BAIL, ON PROBATION, ON PAROLE, OR ARE PARTICIPATING IN SOME FORM OF ALTERNATIVE TREATMENT. MANY ARRESTED PERSONS ARE NEVER BROUGHT TO TRIAL, AND MANY WHO ARE CONVICTED ARE NEVER SENT TO PRISON. THERE IS A SCARCITY OF STATISTICAL INFORMATION THAT CAN BE USED IN THE EVALUATION OF THE CRIMINAL JUSTICE SYSTEM. CRIME STATISTICS ONLY INDICATE REPORTED CRIMES, ALTHOUGH SURVEYS OF VICTIMS PROVIDE SOME SUPPLEMENTAL INFORMATION. THE COMPLICATED PROCESS OF CRIMINAL ADJUDICATION PROVIDES SEVERAL OPPORTUNITIES FOR RELEASE, BOTH BEFORE AND AFTER TRIAL. WIDESPREAD ABUSES HAVE BEEN NOTED IN THE PLEA NEGOTIATION AND PRETRIAL DETENTION SYSTEMS, WHICH SERVE CONVENIENCE RATHER THAN JUSTICE. MOST CRIMINAL DEFENDANTS USE BAIL BONDS TO PROVIDE THE COURTS WITH ASSURANCE OF THEIR RETURN FOR TRIAL. THE BAIL SYSTEM, HOWEVER, DISCRIMINATES AGAINST POOR DEFENDANTS, AND ENSURES THE RELEASE OF THE MORE DANGEROUS PROFESSIONAL CRIMINALS WHO HAVE ACCESS TO MONEY FROM ORGANIZED CRIME. FIFTY-FIVE PERCENT OF 1,200 PROBATIONERS STUDIED IN A GENERAL ACCOUNTING OFFICE PROJECT, HAD THEIR PROBATIONS REVOKED, WERE CONVICTED OF NEW CRIMES, OR FLED THE JURISDICTION. PROPOSALS SUCH AS MANDATORY SENTENCING ARE DISCUSSED. FOOTNOTES AND BIBLIOGRAPHY ARE PROVIDED. (TWK)