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NEW CASTLE COUNTY (DE) - MISDEMEANANT PROCESSING PROJECT - IMPROVED LOWER COURT CASE HANDLING - A PRESCRIPTIVE PACKAGE

NCJ Number
49266
Author(s)
ANON
Date Published
1977
Length
145 pages
Annotation
THE MISDEMEANANT PROCESSING PROJECT, ESTABLISHED IN NEW CASTLE COUNTY, DEL., IN 1975, TO DEMONSTRATE ALTERNATIVES TO DEALING WITH MISDEMEANANTS AT VARIOUS STAGES IN THE CRIMINAL JUSTICE SYSTEM, IS DESCRIBED.
Abstract
THE FOLLOWING EIGHT COMPONENTS, RECOMMENDED FOR IMPLEMENTATION BY THE NILECJ-FUNDED PROJECT, ARE DISCUSSED: (1) POLICE CITATION--A CRIMINAL SUMMONS AND COMPLAINT SIMILAR TO A MAJOR VEHICLE TICKET, TO BE USED IN CHARGING A MISDEMEANANT IN LIEU OF ARREST; (2) COURT SUMMONS--A SUMMONS FORM TO BE ISSUED BY THE INITIATING COURTS IN LIEU OF AN ARREST WARRANT FOR THE PURPOSE OF BRINGING A PERSON CHARGED WITH A MISDEMEANOR BEFORE THE COURT TO ANSWER THE CHARGE; (3) PROSECUTORIAL CASE SCREENING--A PROCEDURE BY WHICH THE PROSECUTORIAL AGENCIES RECEIVE ALL PERTINENT INFORMATION CONCERNING MISDEMEANORS TO ALLOW THE DISCARDING OF WEAK CASES; (4) (PROMIS)--A SEMIAUTOMATED MANAGEMENT SYSTEM TO ENABLE THE ATTORNEY GENERAL TO ORGANIZE CASES, PROVIDING OPTIMUM INFORMATION WITH A MINIMUM OF TIME AND EFFORT; (5) PRETRIAL RELEASE--A PROCEDURE IN WHICH COUNSELORS INTERVIEW ARRESTEES AND THEN PROVIDE BAIL-SETTING OFFICIALS WITH INFORMATION AND RECOMMENDATIONS; (7) SELECTED OFFENDER PROBATION --INTENSIFIED COUNSELING OFFERED TO CERTAIN SENTENCED OFFENDERS; AND (8) MASS CASE COORDINATOR--AN OFFICE WHICH PROVIDES COORDINATION BETWEEN THE VARIOUS CRIMINAL JUSTICE AGENCIES AFFECTED BY THE DIFFERENT COMPONENTS OF THE PROJECT. AN EVALUATION OF THE PROJECT FOUND THAT IT HAD LITTLE IMPACT ON THE HANDLING OF MISDEMEANANTS. THE MOST SUCCESSFUL COMPONENT, PROMIS, AFFECTED MOSTLY FELONIES AND HAD LITTLE IMPACT ON MISDEMEANORS. PROSECUTORIAL SCREENING WAS EFFECTIVE IN THE COURT OF COMMON PLEAS AND THE MUNICIPAL COURT, ALTHOUGH STATE AND CITY FUNDING IS NOT EXPECTED. THE COURT SUMMONS AND POLICE CITATION GAINED A FOOTHOLD IN THE CRIMINAL PROCEDURE, AND IT IS LIKELY THAT THEY WILL BE PERPETUATED, ALTHOUGH THEIR IMPACT IS SMALL WHEN COMPARED TO THE NUMBER OF CASES WHICH ARE ELIGIBLE FOR TREATMENT BY SUCH ALTERNATIVE TO ARREST. (AUTHOR ABSTRACT MODIFIED--KBL)