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NCJ Number: 65126 Find in a Library
Title: MIAMI (FL) DISPOSITION OF CRIMINAL CHARGES IN CASES INVOLVING VIOLENT CRIME, DEADLY WEAPONS, AND MANDATORY SENTENCE
Author(s): ANON
Corporate Author: Crime Cmssn of Greater Miami
United States of America
Date Published: Unknown
Page Count: 14
Sponsoring Agency: Crime Cmssn of Greater Miami
Miami, FL 33125
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Report (Study/Research)
Language: English
Country: United States of America
Annotation: RESULTS OF A STUDY FOCUSING ON CASES WHERE DEFENDANTS USING GUNS IN THE PERPETRATION OF VIOLENT CRIMES WERE NOT CHARGED WITH POSSESSION OF A FIREARM OR WERE NOT SENTENCED TO THE MANDATORY 3-YEAR TERM ARE DISCUSSED.
Abstract: THE STUDY WAS CONDUCTED BY THE CRIME COMMISSION VOLUNTEERS OF DADE COUNTY, FLORIDA. IN ORDER TO STUDY THOSE CASES WHICH INVOLVED THE USE OF A DEADLY WEAPON IN A VIOLENT CRIME, THE VOLUNTEERS MADE A REVIEW OF THE DISPOSITIONS OF CASES INVOLVING CHARGES OF AGGRAVATED ASSAULT, AGGRAVATED BATTERY, SEXUAL BATTERY, ROBBERY BY FORCE AND FEAR, AND WEAPON POSSESSION WHILE COMMITTING AN OFFENSE FOR NOVEMBER 1977 THROUGH JANUARY 1978. CASES OF FIRST-DEGREE MURDER, THE ONLY OTHER CRIME PUNISHABLE BY A MANDATORY SENTENCE, WERE NOT REVIEWED. ONLY WHEN THE DEFENDANT IS CHARGED WITH USING A FIREARM IN THE COMMISSION OF A FELONY WOULD THE 3-YEAR MANDATORY SENTENCE APPLY. CASES DISPOSED OF BY SENTENCING WERE CONSIDERED EXCLUSIVELY. STUDY RESULTS SHOWED THAT THE WEAPON POSSESSION CHARGE WAS BEING USED IN MOST INSTANCES. DEFENDANTS IN OTHER CASES WERE NOT CHARGED WITH THE POSSESSION OFFENSE EVEN THOUGH A GUN HAD BEEN USED. THERE WERE CASES IN WHICH DEFENDANTS WERE CHARGED WITH POSSESSION OF A FIREARM, BUT THE CHARGES WERE LATER ABANDONED BY THE PROSECUTION, USUALLY IN PLEA NEGOTIATIONS. OF THE TOTAL 62 CASES REVIEWED, 27 DEFENDANTS WERE CHARGED WITH POSSESSION OF A FIREARM WHILE COMMITTING A FELONY, 5 DEFENDANTS POSSESSED A GUN IN A COMMISSION OF A FELONY BUT WERE NOT CHARGED WITH THE MANDATORY STATUTE, AND 13 DEFENDANTS OF THE 27 HAD THE WEAPON POSSESSION CHARGE ABANDONED BY THE PROSECUTION IN PLEA NEGOTIATIONS. ONE DEFENDANT WAS ACQUITTED OF THE FIREARM CHARGE BY A JURY, AND 13 DEFENDANTS RECEIVED THE MANDATORY SENTENCE FOR USE OF A FIREARM. TWENTY-ONE PERCENT OF THE DEFENDANTS WERE PLACED ON PROBATION. THIRTY-FIVE PERCENT RECEIVED SENTENCES OF LESS THAN 3 YEARS. TWENTY-SEVEN OF THE DEFENDANTS, 44 PERCENT, WERE SENTENCED TO 3 YEARS OR MORE. TABULAR INFORMATION IS INCLUDED IN THE STUDY. (LWM)
Index Term(s): Dispositions; Florida; Mandatory Sentencing; Sentencing disparity; Studies; Violent crimes; Weapons violations
Note: A THREE-MONTH STUDY CONDUCTED BY CRIME COMMISSION COURT AIDES
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65126

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