NCJ Number
7633
Date Published
1972
Length
386 pages
Annotation
EXCESSIVE DELAY INHERENT IN THE PRESENT CRIMINAL JUSTICE SYSTEM IS SHOWN BY PRESENTING THE TIME LAPSES THAT EXIST BETWEEN SPECIFIC PRETRIAL CRIMINAL PROCEDURES.
Abstract
THE SEEMING MAZE OF PRETRIAL PROCEDURES HAS MADE THE DEFENDENT'S JOURNEY BETWEEN ARREST AND ULTIMATE DISPOSITION IN FELONY CASES A LONG AND INVOLVED PROCESS. PAYING PARTICULAR ATTENTION TO THE DUE PROCESS GOALS OF THE VARIOUS CRIMINAL PROCEDURES, THE AUTHOR ANALYZES SPECIFIC PRETRIAL PROCEDURES SUCH AS ARREST, PRELIMINARY HEARING, INDICTMENT AND PLEA BARGAINING IN LIGHT OF THE DELAY EACH PROCEDURE CONTRIBUTES TO THE WHOLE PROCESS. FOR EXAMPLE, IN ANALYZING THE CHARGING PROCESS, THE AUTHOR NOTES THAT WHILE THE INITIAL DECISION TO CHARGE A PERSON WITH A CRIME IS MADE BY THE POLICE AND THE PROSECUTOR, THE CHARGES AGAINST HIM MAY ALSO BE REVIEWED IN A PRELIMINARY HEARING OR BY THE GRAND JURY. THE AUTHOR RECOMMENDS THAT ALL JURISDICTIONS ENACT STRICT TIME LIMITATIONS REQUIRING ULTIMATE DISPOSITION OF FELONY CASES WITHIN 60 DAYS IF THE DEFENDANT IS IN JAIL, AND 120 DAYS IF HE IS FREE ON BAIL. IN ADDITION TO VARIOUS TABLES, APPENDICES INCLUDE A STATE BY STATE REVIEW OF BASIC PRETRIAL CRIMINAL PROCEDURES. (SNI ABSTRACT)