JUDICIAL PROCESS IN A RURAL CONTEXT (FROM DISCRETION AND CONTROL, 1978, BY MARGARET EVANS - SEE NCJ-52542)

• NCJ Number: 52546
• Author(s): S H DECKER
• Date Published: 1978
• Length: 14 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

A STUDY WAS CONDUCTED IN PINE COUNTY, IND., TO DETERMINE WHETHER PLEA BARGAINING EXISTS TO THE SAME EXTENT AND FOR THE SAME REASONS IN RURAL COURTS AS IN URBAN COURTS AND WHETHER 'OUTSIDERS' RECEIVE MORE SEVERE SENTENCES.

Abstract

IT IS SUGGESTED THAT SMALLER CRIMINAL JUSTICE AGENCIES HAVE BEEN NEGLECTED IN CRIMINOLOGICAL RESEARCH AND THAT THEIR STUDY CAN HELP CRIMINOLOGISTS DETERMINE WHICH FEATURES OF URBAN COURTS ARE ENDEMIC ONLY TO URBAN SETTINGS AND WHICH ARE CONSISTENT FEATURES OF ALL CRIMINAL JUSTICE SYSTEMS. PINE COUNTY HAS A POPULATION OF 26,032; THE COUNTY SEAT HAS 8,852 RESIDENTS. DATA FOR THE PLEA BARGAINING STUDY WERE DRAWN FROM DIRECT OBSERVATION OF COURT PROCEEDINGS AND FROM DETENTION FACILITY RECORDS. RESULTS INDICATED THAT RURAL COURTS SUFFER FROM A LACK OF RESOURCES, JUST AS URBAN COURTS DO. THE PINE COUNTY CRIMINAL COURT MEETS TWICE A WEEK AND AVERAGES ABOUT 8 HOURS OF OPERATION PER WEEK. DURING THE 3 MONTHS OF OBSERVATION, THE JUDGE HEARD A TOTAL OF 347 CASES, AN AVERAGE OF 10.8 PER DAY. OF THESE, 183 OR 53 PERCENT INVOLVED A NEGOTIATED PLEA. PUBLIC DEFENDERS REPRESENTED 40 PERCENT OF THE CLIENTS AND BARGAINED PLEAS IN 75 PERCENT OF CASES. THESE FIGURES ARE SIMILAR TO THOSE FOUND IN URBAN STUDIES. THE USE OF PLEA BARGAINING WAS INCREASED BY THE PROXIMITY OF THE POLICE AND CORRECTIONS AGENCIES AND BY AN INFORMAL CONSENSUS AMONG ALL BRANCHES OF THE COUNTY CRIMINAL JUSTICE SYSTEM, REGARDING THE PROPER DISPOSITION OF CASES RESULTING FROM THEIR INFORMAL PERSONAL INTERACTION. THE STUDY ALSO SHOWED THAT NONRESIDENTS OF THE COUNTY WERE MORE LIKELY TO BE SENT TO JAIL THAN RESIDENTS WERE, BUT THIS DIFFERENCE DISAPPEARED WHEN THE SERIOUSNESS OF THE OFFENSE WAS CONSIDERED. THE DECISION TO JAIL A SUSPECT WAS BASED ON FELONY/MISDEMEANOR GROUNDS RATHER THAN ON AN OFFENDER'S RESIDENTIAL STATUS. SINCE THE MAJORITY OF FELONIES ARE COMMITTED BY OUTSIDERS, THEIR INCARCERATION IS ACTUALLY A RESPONSE BY THE LOCAL CRIMINAL JUSTICE SYSTEM TO THE SERIOUSNESS OF AN OFFENSE. IT IS CONCLUDED THAT, AS IN URBAN AREAS, LEGAL FACTORS ARE THE BEST PREDICTORS OF DISPOSITION. TABLES PRESENT STUDY DATA, AND REFERENCES ARE APPENDED.