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STUDY OF CRIMINAL COURTS - POLITICAL PERSPECTIVES

NCJ Number
62401
Editor(s)
P F NARDULLI
Date Published
1979
Length
299 pages
Annotation
A COLLECTION OF POLITICAL SCIENCE ESSAYS EXAMINES CRIMINAL COURTS AS DISPUTE-PROCESSING INSTITUTIONS, THEORETICAL APPROACHES TO THE STUDY OF CRIMINAL COURTS, AND INNOVATIVE APPROACHES TO COURT POLICY ISSUES.
Abstract
ESSAYS INTERPRETING CRIMINAL COURTS TO BE DISPUTE-PROCESSING MECHANISMS AS WELL AS AGENTS OF SOCIAL CONTROL CONCERNED WITH NORM ENFORCEMENT NOTE IMPLICATIONS OF THIS PERSPECTIVE FOR STUDYING, UNDERSTANDING, AND EVALUATING CRIMINAL COURTS. A STUDY OF CRIMINAL COURT HANDLING OF RELATED PARTY (OFFENDER AND VICTIM KNOW EACH ANOTHER) DISPUTES NOTES THE FRUSTRATION OF THE COURTS IN TRYING TO HANDLE THESE CASES IN THE SAME MANNER AS STRANGER-TO-STRANGER OFFENSES; IT IS SUGGESTED THAT A DISPUTE-PROCESSING PERSPECTIVE MIGHT BE MORE APPROPRIATE AND SATISFYING FOR ALL CONCERNED. ANOTHER ESSAY CONSTRUCTS A DISPUTE-PROCESSING MODEL FOR ALL CRIMINAL JUSTICE PROCESSING, FOCUSING ON THE INITIAL DECISION OF A CITIZEN TO SUBMIT AN EXPERIENCED CONFLICT TO CRIMINAL JUSTICE PROCESSING. A THIRD ESSAY INDICATES THE UNREALISTIC EXPECTATIONS THAT MOST EVALUATIONS IMPOSE UPON COURT PERFORMANCE, WITH A MORE REALISTIC VIEW OF WHAT CAN BE EXPECTED FROM COURT PERFORMANCE PROPOSED. ESSAYS IN A SECOND MAJOR SECTION DEAL WITH THEORETICAL DEVELOPMENTS RELATING TO THE OPERATIONS OF CRIMINAL COURTS. ADVANCES HAVE OCCURED AT THREE LEVELS OF ANALYSIS: THE INDIVIDUAL LEVEL (APPLICATIONS OF ROLE AND ATTITUDE THEORY), THE CONTEXT LEVEL (ORGANIZATIONAL APPROACHES), AND THE ENVIRONMENTAL LEVEL (POLITICAL CULTURE). ESSAYS IN THIS SECTION PROVIDE AN OVERVIEW OF THE DEVELOPMENTS IN EACH OF THE PREVIOUSLY MENTIONED AREAS, AS WELL AS INSIGHTS FOR FUTURE RESEARCH. A FINAL MAJOR SECTION IN THE COLLECTION ADDRESSES ISSUES THAT HAVE BEEN DEBATED FOR A NUMBER OF DECADES--BAIL, PLEA BARGAINING, AND SENTENCING. THEORETICAL MODELS FOR UNDERSTANDING THESE ISSUES ARE PRESENTED AND IMPLICATIONS FOR REFORM ARE DISCUSSED. REFERENCES, NOTES, AND TABULAR AND GRAPHIC DATA ARE PROVIDED. (RCB)

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