NCJ Number
9920
Date Published
1973
Length
155 pages
Annotation
THE NATURE, VARIETY, AND EXTENT OF DISCRETIONARY JUSTICE AS IT OPERATES WITH RESPECT TO BURGLARY IN VENTURA COUNTY, CALIFORNIA.
Abstract
IN ADDITION TO AN ANALYSIS OF EXISTING STATISTICAL DATA, A SERIES OF SIX QUESTIONNAIRE FORMATS WERE USED IN SURVEYING POLICE MANAGEMENT, POLICE PERSONNEL, DISTRICT ATTORNEY DEPUTIES, PUBLIC DEFENDER DEPUTIES, MUNICIPAL COURT JUDGES, AND SUPERIOR COURT JUDGES. FROM THE QUESTIONNAIRE RESPONSES AN ANALYSIS WAS MADE OF MANY OF THE DECISION-POINTS INVOLVED IN PROCESSING BURGLARY OFFENDERS, FOCUSING ON THE CRITERIA USED IN MAKING DECISIONS, THE REASONS FOR THE PREVALENCE OF CERTAIN CHOICES, AND THE ADVANTAGES AND DISADVANTAGES OF VARIOUS PROCEDURES. THE SURVEY REVEALED THAT THE CURRENT EXERCISE OF DISCRETION IN DEALING WITH BURGLARY CASES AMOUNTS TO WHAT CAN BE TERMED A 'NON-POLICY.' THE ONLY DISTINGUISHING CHARACTERISTIC OF BURGLARY PROCESSING SEEMS TO BE THE GREAT EXTENT TO WHICH EACH CASE IS DECIDED INDIVIDUALLY RATHER THAN IN ACCORDANCE WITH ANY CLEAR-CUT AND WELL-ARTICULATED POLICY. THERE IS WIDESPREAD DISSATISFACTION WITH MANY ASPECTS OF CURRENT DISCRETIONARY DECISION-MAKING. EACH AGENCY IN THE PROCESSING SEQUENCE CRITICIZES PARTICULARLY THE AGENCY FOLLOWING IT IN THE PROCESS. IN ADDITION, NEARLY ALL RESPONDENTS, FROM ALL AGENCIES, FELT THAT THE JUDICIARY WAS TOO LENIENT IN GENERAL IN DEALING WITH BURGLARS. THE JUDICIARY, IN TURN, EXPRESSED SIGNIFICANT RESERVATIONS ABOUT THE EXTENT TO WHICH PRE-COURT DISCRETIONARY DECISION-MAKING HAS PRE-EMPTED THE JUDGES' SENTENCING FUNCTION. NEARLY ALL RESPONDENTS HAD SUGGESTIONS FOR IMPROVING THE PROCESSING OF BURGLARY OFFENDERS, MANY OF WHICH INVOLVED TIGHTENING UP ON THE EXTENT OF DISCRETION AT VARIOUS POINTS THROUGH SPECIFIC GUIDELINES OR RULES. THE REPORT OUTLINES SEVERAL SPECIFIC RECOMMENDATIONS DERIVED FROM AN ANALYSIS OF THE STUDY. APPENDED MATERIAL INCLUDES TABLES OF DATA AND COPIES OF THE QUESTIONNAIRES THAT WERE USED IN THE SURVEY. (AUTHOR ABSTRACT MODIFIED)