NCJ Number
43772
Journal
Justice System Journal Volume: 3 Issue: 1 Dated: (FALL 1977) Pages: 50-57
Date Published
1977
Length
8 pages
Annotation
A THEORETICAL FRAMEWORK FOR ANALYZING THE DEFENDANT'S PERCEPTION OF THE FAIRNESS OF THE HANDLING OF A CASE IS DEVELOPED AS THE BASIS FOR PROPOSED REFORM IN THE MANAGEMENT OF CRIMINAL PROSECUTION.
Abstract
THE FRAMEWORK CONSISTS OF FIVE PROPOSITIONS CONCERNING CONSISTENCY AND CERTAINTY, DUE PROCESS AND THE MORALITY OF LAW, PERSONAL VALUES, SELFISH INTEREST, AND RATIONALITY. IN ESSENCE, THE FRAMEWORK SUGGESTS THAT PEOPLE ARE MORE INCLINED TO PERCEIVE FAIRNESS WHEN THEY UNDERSTAND THAT A DECISION ARISES OUT OF A CLEAR STRUCTURE, WHEN THEY ARE ACCORDED THEIR BASIC RIGHTS OF DUE PROCESS AND ARE NOT SUBJECTED TO UNREASONABLE RULES, WHEN THE DECISION PROCESS IS CONSISTENT WITH THEIR OWN IDIOSYNCRATIC FEELINGS ABOUT WHAT RULES OUGHT TO BE, WHEN THEY FEEL THAT THEY HAVE IN SOME WAY GAINED FROM THE DECISION PROCESS, AND WHEN THEY FEEL THAT THE DECISION HAS BEEN MADE IN LIGHT OF ALL INFORMATION BEARING ON THE CASE. APPLICATION OF THE FIVE PROPOSALS TO THE PRACTICE OF CRIMINAL PROSECUTION REVEALS CERTAIN COMMON DENOMINATORS AND SUGGESTS AREAS IN WHICH REFORM IS CALLED FOR. THE ANALYSIS SHOWS THAT THE CHARACTER OR QUALITY OF COMMUNICATION AMONG JUDGES, PROSECUTORS, AND DEFENDANTS MUST CHANGE WITH REGARD TO THE WAY IN WHICH DEFENDANTS PARTICIPATE IN THE DISPOSITION OF THEIR CASES. SUCH CHANGES MUST HAPPEN IN THE CONTEXT OF NONTRIAL CASE DISPOSITIONS. THE REPLACEMENT OF CUSTOMARY PRELIMINARY HEARINGS, IN WHICH THE PROSECUTOR ESTABLISHES THE EVIDENTIARY SUFFICIENCY OF THE CHARGE, WITH REVIEWS BY A DISPOSITION SCREENING BOARD IS SUGGESTED AS A STRUCTURAL CHANGE THAT COULD IMPROVE THE HANDLING OF FELONY CHARGES IN TERMS OF THE FAIRNESS PERSPECTIVE. THE COMPOSITION AND POWERS OF THE PROPOSED BOARD ARE DISCUSSED.