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PROCESS IS THE PUNISHMENT - HANDLING CASES IN A LOWER CRIMINAL COURT

NCJ Number
61767
Author(s)
M M FEELEY
Date Published
1979
Length
352 pages
Annotation
A LOWER CRIMINAL COURT IN NEW HAVEN, CONN., IS STUDIED REGARDING ITS ORGANIZATION, RELATION TO THE LARGER ENVIRONMENT, PERSONNEL, PRACTICES, AND COSTS TO THOSE ACCUSED.
Abstract
THE PERSONNEL OF THE LOWER CRIMINAL COURT FUNCTION TO PRODUCE A SYSTEM THAT ACCOMMODATES INDIVIDUAL INTERESTS, PROMOTES COMMON INTERESTS, AND ADAPTS THE IDEALS OF THE ADVERSARY SYSTEM TO THE REALITIES OF PARTICULAR INSTITUTIONAL NEEDS AND COMMUNITY PRESSURES. COURT DECISIONMAKING IS CONCERNED WITH SUBSTANTIVE RATHER THAN FORMAL JUSTICE. THE COURT IS STRUCTURED TO OFFER RAPID, SUBSTANTIVE JUSTICE THROUGH PROCESSES THAT INVITE CARELESSNESS AND ERROR. THIS DIMINISHMENT OF A FORMALIZED, DUE PROCESS PROCEDURE DESIGNED TO PROTECT RIGHTS AND SERVE JUSTICE TENDS TO BE EMBRACED BY THOSE ACCUSED AS WELL AS THE PROFESSIONAL COURT PERSONNEL, BECAUSE THE COSTS OF PURSUING A DECISION IN A FORMAL PROCESS ENTAILS EXPENSES THAT CAN QUICKLY OUTWEIGH THE MAGNITUDE OF THE SENTENCE SHOULD THERE BE A CONVICTION. THE INCENTIVE, THEREFORE, IS TO ACCEPT A GUILTY PLEA WITHOUT A BATTLE, WHICH POSES SOBERING QUESTIONS FOR REFORMERS. EFFORTS TO INCREASE FORMALIZED DUE PROCESS PROCEDURES CAN ONLY INCREASE COSTS AND THE INCENTIVE FOR DEFENDANTS TO AVOID FULL TRIAL. PRETRIAL DIVERSION PROGRAMS WERE OBSERVED TO ATTRACT FEW PARTICIPANTS BECAUSE OF THE SOCIAL CONTROL INVOLVED. NEIGHBORHOOD JUSTICE CENTERS MAY END UP DOING IN A TIME-CONSUMING AND CUMBERSOME MANNER WHAT THE LOWER COURTS ARE NOW DOING MORE QUICKLY AND EFFECTIVELY. IN SOME EUROPEAN COUNTRIES, A PENAL ORDER IS USED IN MINOR CRIMINAL CASES. THE ORDER DESCRIBES THE ALLEGATIONS AGAINST THE ACCUSED, SUMMARIZES THE EVIDENCE, CITES THE APPLICABLE LAW, AND SPECIFIES A PUNISHMENT, USUALLY A FINE. IT IS THEN SENT TO THE ACCUSED, WHO HAS THE OPTION OF ACCEPTING IT AND PAYING THE FINE, OR CONTESTING IT AND ASKING FOR A JUDICIAL HEARING. WHILE ADOPTING SUCH STRUCTURES AS THE PENAL ORDER TO DEAL WITH SOME CRIMINAL CASES MAY APPEAR TO CHALLENGE TRADITIONAL DEFENDANT RIGHTS, ELIMINATING THE DEFENDANT'S COSTS AND THE STIGMA ASSOCIATED WITH CRIMINAL PROCESSING MAY PROVE TO BE IN THE DEFENDANT'S BEST INTEREST UNDER THE CIRCUMSTANCES NOW PREVAILING IN LOWER CRIMINAL COURTS. (RCB)

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