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AT ISSUE - CRIME AND PUNISHMENT, PART 1 - THE SYSTEM

NCJ Number
48654
Author(s)
R L WORMSERMCCANDLESS L
Editor(s)
L MCCANDLESS
Date Published
1976
Length
0 pages
Annotation
PROBLEMS ASSOCIATED WITH INADEQUATE COUNSEL, BAIL, AND PLEA BARGAINING ARE ILLUSTRATED IN THIS FILMSTRIP AND CASSETTE PROGRAM BY A CASE STUDY OF A MAN WHO WAS A VICTIM OF THE CRIMINAL JUSTICE SYSTEM.
Abstract
THE CRIMINAL JUSTICE SYSTEM IS DESIGNED TO PROTECT SOCIETY FROM CRIMINALS WHILE SECURING JUSTICE FOR THE ACCUSED. IT IS ARGUED THAT BECAUSE THE CRIMINAL JUSTICE SYSTEM IS SO OVERCROWDED, IT IS UNABLE TO FUNCTION PROPERLY. THE ISSUE OF BAIL IS DISCUSSED REGARDING DISCRIMINATION AGAINST POOR DEFENDANTS WHO CANNOT AFFORD TO POST BAIL. IT IS ALSO SUGGESTED THAT MANY DEFENSE ATTORNEYS, WHO ARE PRESSED BY THEIR OWN HEAVY SCHEDULE, WILL URGE OFFENDERS TO PLEAD GUILTY TO A LESSER OFFENSE. THERE ARE INSTANCES WHERE THIS OCCURS EVEN WHEN THE OFFENDER IS NOT GUILTY. WHILE PLEA BARGAINING DOES ALLEVIATE OVERCROWDING IN THE COURTS, IT DOES NOT NECESSARILY PROVIDE A JUST OUTCOME TO THE CASE. THE STORY OF MAURI JAFFE IS PRESENTED AS AN EXAMPLE. BEING IN A DIFFICULT FINANCIAL SITUATION, HE TOOK MONEY IN ADVANCE FOR A JOB WHICH HE KNEW HE WOULD BE UNABLE TO DO. HE WAS SUED AND THE COURT ASSIGNED HIM A PUBLIC DEFENDER WHO ADVISED HIM TO PLEA BARGAIN. JAFFE DID NOT THINK THAT HE HAD COMMITTED A CRIME BUT HE WAS CHARGED WITH GRAND LARCENY. THE JUDGE SENTENCED HIM TO 60 DAYS IN PRISON. WHILE IN PRISON, MR. JAFFE BECAME ILL AND WAS PLACED IN THE INFIRMARY AND UPON RECOVERING, WAS PLACED WITH THE REST OF THE PRISONERS. ALTHOUGH HE HAD ONLY COMMITTED AN ECONOMIC CRIME, HE WAS HOUSED WITH MURDERERS AND OTHER VIOLENT CRIMINALS. WHILE IN PRISON, MAURI JAFFE DISCOVERED THAT THE PRISONERS RECEIVED NO HELP IN REHABILITATION AND THERE WERE NO SOCIAL WORKERS TO HELP PRISONERS REENTER SOCIETY. FINALLY, HE WAS RELEASED FROM PRISON, AND HAD TO FACE THE REJECTION OF SOCIETY. THE POINT IS MADE THAT MANY PEOPLE ARE FORCED INTO JAIL BECAUSE THEY ARE FRIGHTENED AND DO NOT KNOW HOW TO DEAL WITH THE CRIMINAL JUSTICE SYSTEM. FOR RELATED DOCUMENTS, SEE NCJ 48655-48657. (BAC)