NCJ Number
45400
Date Published
1977
Length
191 pages
Annotation
RESEARCH WAS CONDUCTED ON 531 DENVER, COLORADO, FELONY CASES TO STUDY THE RELATIVE EFFECTS OF SEVERAL DEPENDENT VARIABLES ON CASE DISPOSITION; A PREDICTION MODEL WAS DEVELOPED AND A SYSTEM ANALYTIC FRAMEWORK ADOPTED.
Abstract
BASED ON EXISTING LITERATURE AND ON A FRAMEWORK OF SOCIAL EXCHANGE THEORY, THREE HYPOTHESES WERE TESTED: (1) INDICATORS OF THE CRIMINAL OFFENSE IN QUESTION WILL NOT ACCOUNT FOR ALL OF THE EXPLAINED VARIATION IN CASE DISPOSITION; (2) SOCIAL ATTRIBUTES OF THE DEFENDANT WILL ACCOUNT FOR SOME SIGNIFICANT PROPORTION OF THE EXPLAINED VARIANCE IN CASE DISPOSITION; AND (3) SYSTEMIC FACTORS WILL ACCOUNT FOR SOME SIGNIFICANT PROPORTION OF THE EXPLAINED VARIANCE IN CASE DISPOSITION, AS WILL THE INDIVIDUAL PERSONS PROCESSING THE CASES AND THE PERSONS REACTING TO THE CASES. THE SAMPLE OF 531 CASES WAS SELECTED FROM THE CRIMINAL CASE FELONY FILINGS IN DENVER BETWEEN JULY AND NOVEMBER 1975. DATA WERE COLLECTED FROM DISTRICT COURT CASE FILES ON THE CASES THEMSELVES AND FROM MAIL QUESTIONNAIRES AND INTERVIEWS WITH JUDGES IN TERMS OF THE EFFECT OF JUDICIAL IDEOLOGY ON CASE DISPOSITION. ANALYSIS OF THE DECISIONMAKING PROCESS PROCEEDED IN SEQUENTIAL STATES, THE THREE STAGES BEING DEFINED AS THE DECISION TO DISMISS A CASE OR FULLY PROSECUTE, THE DECISION TO GRANT A DEFERRED DISPOSITION, AND THE DECISION TO PLEAD GUILTY OR GO TO TRIAL. THE DATA WERE ANALYZED USING DUMMY VARIABLE REGRESSION, ENABLING EXAMINATION OF THE SIMULTANEOUS EFFECT OF ALL THE INDEPENDENT VARIABLES ON CASE DISPOSITION. THE FINDINGS INDICATED SUBSTANTIAL SUPPORT FOR THE NOTION OF SEQUENTIAL DECISIONMAKING IN THE CRIMINAL JUSTICE PROCESS: FACTORS FOUND TO BE RELEVANT AT ONE STAGE OF THE PROCESS WERE NOT NECESSARILY IMPORTANT IN LATER STAGES. SPECIFIC FINDINGS INCLUDED: (1) DISMISSAL AND DEFERRED DECISIONS WERE BEST PREDICTED BY OFFENSE CHARACTERISTICS, SUCH AS PRIOR RECORD; (2) SOCIAL ATTRIBUTES OF THE DEFENDANTS, SUCH AS RACE AND SEX, EMERGED AS IMPORTANT PREDICTORS AT THE DEFERRAL STAGE; (3) PRIOR DECISIONS, E.G., THOSE RELATED TO BOND, CONTRIBUTED TO DECISIONS MADE DURING THE SECOND STAGE; (4) SYSTEMIC FACTORS, SUCH AS COURT DELAY AND JUDGES, WERE IMPORTANT PREDICTORS OF THE DECISION TO PLEAD GUILTY OR GO TO TRIAL. THERE IS APPARENT SUPPORT FOR THE NOTIONS OF DISCRIMINATORY TREATMENT IN THE CRIMINAL JUSTICE PROCESS AS WELL AS COOPERATION OF THE ACTORS IN THE ADVERSARY SYSTEM. SUPPORT FOR THE THREE HYPOTHESES DID NOT APPEAR UNTIL THE SECOND DECISIONMAKING STAGE. METHODOLOGY AND ANALYSIS DESIGN ARE EXPLAINED IN DEPTH. SUPPORTING DOCUMENTS AND DATA AND A BIBLIOGRAPHY ARE APPENDED, AND TABLES AND FIGURES ARE INCLUDED. (DAS)