LEGAL CONTROVERSIES (FROM ADMINISTRATION OF JUSTICE SYSTEM - AN INTRODUCTION, 1977, BY DONALD T. SHANAHAN SEE NCJ-40835)

• NCJ Number: 40850
• Author(s): C E M0YLAN
• Date Published: 1977
• Length: 22 pages
• Corporate Author: Holbrook Press
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THIS ARTICLE BRIEFLY DISCUSSES SEVERAL LEGAL ISSUES IN THE CRIMINAL JUSTICE SYSTEM, SUCH AS THE EFFECT OF FREE ACCESS TO THE COURTS ON THE NEED TO PLEA BARGAIN, THE MISUSE OF THE GRAND JURY, AND THE DILEMMA OF BAIL.

Abstract

THE MANY SUPREME COURT DECISIONS OF THE 1960'S WHICH GAVE CRIMINAL DEFENDANTS INCREASED PROCEDURAL RIGHTS ALSO ADDED TO THE WORKLOAD OF THE TRIAL AND APPELLATE COURTS. THIS IN TURN NECESSITATED GREATER RELIANCE ON INFORMAL DISPOSITIONS SUCH AS PLEA BARGAINING. THE GRAND JURY, ORIGINALLY CREATED AS A SAFEGUARD AGAINST FALSE PROSECUTION, IS NOW AN ANACHRONISTIC PROSECUTORIAL TOOL. THE LIKELIHOOD THAT A DEFENDANT WILL APPEAR AT TRIAL SHOULD BE THE ONLY CRITERION FOR DECIDING WHETHER TO RELEASE HIM ON HIS OWN RECOGNIZANCE. THE AUTHOR ALSO OPINES THAT CAPITAL PUNISHMENT DOES NOT DETER....MSP