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CRIMINAL JUSTICE - TRIAL AND ERROR

NCJ Number
46800
Author(s)
C COLBY
Date Published
1978
Length
0 pages
Annotation
CRIMINAL AND JUVENILE JUSTICE SYSTEM PROBLEMS ARE DISCUSSED, AND REFORMS THAT WERE ATTEMPTED THROUGH THE PROCESS OF TRIAL AND ERROR ARE ASSESSED IN THIS AUDIOVISUAL PACKAGE.
Abstract
THERE ARE OVER 400,000 ROBBERIES EACH YEAR AND LESS THAN 88,000 ARRESTS FOR ROBBERY; ABOUT 25 PERCENT OF THOSE ARRESTED ARE CONVICTED. THE RECIDIVISM RATE IS VERY HIGH, AND MANY CRIMINALS PLEAD GUILTY SIMPLY TO GET A REDUCED SENTENCE. RECIDIVISTS DESCRIBE THEMSELVES AS PROFESSIONAL CRIMINALS, SPECIALIZING IN ROBBING BANKS, LIQUOR STORES, AND THE LIKE. THEIR MAIN OBJECTIVE IS TO GET AS SHORT A SENTENCE AS POSSIBLE, ESPECIALLY THROUGH PLEA BARGAINING, SO THEY CAN RETURN QUICKLY TO THEIR CRIMINAL CAREERS. THE CRIMINAL JUSTICE SYSTEM IS INADEQUATE BECAUSE MANY INNOCENT PEOPLE ARE ARRESTED AND CONVICTED EACH YEAR; COURTS SOMETIMES SPEND MORE TIME ON INNOCENT PEOPLE THAN ON THE PROFESSIONAL CRIMINAL. IN MANY CASES, A PERSON WHO CAN AFFORD A LAWYER IS NOT CONVICTED, WHILE THOSE RESORTING TO PUBLIC DEFENDERS ARE OFTEN CONVICTED. ALTHOUGH THERE HAS BEEN A GREAT DEAL OF CRITICISM LEVELED AGAINST THE CRIMINAL JUSTICE SYSTEM SINCE THE 1960'S, LITTLE REFORM HAS RESULTED. DESPITE THE FACT THAT THE SYSTEM HAS BROKEN DOWN IN SOME CITIES, THE CRIMINAL JUSTICE PROCESS IS STILL GOING THROUGH ADMINISTRATIVE MOTIONS, AS IF IT WERE FUNCTIONING EFFECTIVELY. THE JUVENILE JUSTICE SYSTEM IS PERHAPS MORE CHAOTIC THAN THE ADULT SYSTEM. SINCE THE JUVENILE SYSTEM IS SEPARATE FROM THE ADULT SYSTEM, JUVENILES COMMITTING SERIOUS CRIMES SOMETIMES RECEIVE SUBSTANTIALLY LOWER SENTENCES THAN DO ADULTS. HOWEVER, STATUS OFFENDERS (WHOSE CRIME WOULD NOT BE A CRIME IF THEY WERE ADULTS) AT TIMES SUFFER HARSHER TREATMENT THAN DO JUVENILES GUILTY OF SERIOUS CRIMES. THE PROBLEMS EXISTING WITHIN THESE TWO SYSTEMS HAVE BEEN RECOGNIZED FOR MANY YEARS, SINGLE OUT HARD CORE OFFENDERS, TAKE THEM OUT OF CIRCULATION AND BRING THEM TO TRIAL WITHOUT THE BENEFIT OF PLEA BARGAINING. EVEN THOUGH THE CONVICTION RATE FOR THIS PROGRAM IS 90 PERCENT, THE STAFFING AND FUNDING IS INSUFFICIENT. SOME OTHER MOVEMENTS UNDERWAY ARE REDUCING THE AMOUNT OF JUDICIAL DISCRETION AND REINSTATING THE DEATH PENALTY. THE MOST IMPORTANT PROBLEM FACING THE CRIMINAL JUSTICE SYSTEM IS THE HEAVY CASELOAD. CASES MUST BE MOVED THROUGH THE SYSTEM MORE RAPIDLY AND DECISIONS SHOULD BE MADE MORE IMPARTIALLY, OR THE ENTIRE SYSTEM WILL COLLAPSE. A DISCUSSION GUIDE IS INCLUDED IN THE SET. (BAC)

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