MIAMI (FL) DISPOSITION OF CRIMINAL CHARGES IN CASES INVOLVING VIOLENT CRIME, DEADLY WEAPONS, AND MANDATORY SENTENCE

• NCJ Number: 65126
• Author(s): ANON
• Date Published: Unknown
• Length: 14 pages
• Corporate Author: Crime Cmssn of Greater Miami
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: A THREE-MONTH STUDY CONDUCTED BY CRIME COMMISSION COURT AIDES

Annotation

RESULTS OF A STUDY FOCUSING ON CASES WHERE DEFENDANTS USING GUNS IN THE PERPETRATION OF VIOLENT CRIMES WERE NOT CHARGED WITH POSSESSION OF A FIREARM OR WERE NOT SENTENCED TO THE MANDATORY 3-YEAR TERM ARE DISCUSSED.

Abstract

THE STUDY WAS CONDUCTED BY THE CRIME COMMISSION VOLUNTEERS OF DADE COUNTY, FLORIDA. IN ORDER TO STUDY THOSE CASES WHICH INVOLVED THE USE OF A DEADLY WEAPON IN A VIOLENT CRIME, THE VOLUNTEERS MADE A REVIEW OF THE DISPOSITIONS OF CASES INVOLVING CHARGES OF AGGRAVATED ASSAULT, AGGRAVATED BATTERY, SEXUAL BATTERY, ROBBERY BY FORCE AND FEAR, AND WEAPON POSSESSION WHILE COMMITTING AN OFFENSE FOR NOVEMBER 1977 THROUGH JANUARY 1978. CASES OF FIRST-DEGREE MURDER, THE ONLY OTHER CRIME PUNISHABLE BY A MANDATORY SENTENCE, WERE NOT REVIEWED. ONLY WHEN THE DEFENDANT IS CHARGED WITH USING A FIREARM IN THE COMMISSION OF A FELONY WOULD THE 3-YEAR MANDATORY SENTENCE APPLY. CASES DISPOSED OF BY SENTENCING WERE CONSIDERED EXCLUSIVELY. STUDY RESULTS SHOWED THAT THE WEAPON POSSESSION CHARGE WAS BEING USED IN MOST INSTANCES. DEFENDANTS IN OTHER CASES WERE NOT CHARGED WITH THE POSSESSION OFFENSE EVEN THOUGH A GUN HAD BEEN USED. THERE WERE CASES IN WHICH DEFENDANTS WERE CHARGED WITH POSSESSION OF A FIREARM, BUT THE CHARGES WERE LATER ABANDONED BY THE PROSECUTION, USUALLY IN PLEA NEGOTIATIONS. OF THE TOTAL 62 CASES REVIEWED, 27 DEFENDANTS WERE CHARGED WITH POSSESSION OF A FIREARM WHILE COMMITTING A FELONY, 5 DEFENDANTS POSSESSED A GUN IN A COMMISSION OF A FELONY BUT WERE NOT CHARGED WITH THE MANDATORY STATUTE, AND 13 DEFENDANTS OF THE 27 HAD THE WEAPON POSSESSION CHARGE ABANDONED BY THE PROSECUTION IN PLEA NEGOTIATIONS. ONE DEFENDANT WAS ACQUITTED OF THE FIREARM CHARGE BY A JURY, AND 13 DEFENDANTS RECEIVED THE MANDATORY SENTENCE FOR USE OF A FIREARM. TWENTY-ONE PERCENT OF THE DEFENDANTS WERE PLACED ON PROBATION. THIRTY-FIVE PERCENT RECEIVED SENTENCES OF LESS THAN 3 YEARS. TWENTY-SEVEN OF THE DEFENDANTS, 44 PERCENT, WERE SENTENCED TO 3 YEARS OR MORE. TABULAR INFORMATION IS INCLUDED IN THE STUDY. (LWM)