NCJ Number
57536
Date Published
1979
Length
78 pages
Annotation
THIS PAPER DISCUSSES THE DIFFERENTIAL TREATMENT OF DEFENDANTS CHARGED WITH NONVIOLENT FELONY CRIMES (BURGLARY, GRAND LARCENY, ETC.) IN NEW YORK CITY AND ROCKLAND COUNTY, N.Y.
Abstract
ROCKLAND COUNTY, LOCATED ABOUT 30 MILES FROM MIDTOWN MANHATTAN, WITH A POPULATION OF ABOUT 280,000, REPORTED 2,626 BURGLARIES IN 1976 AND 2,548 IN 1977. THE 1977 POPULATION OF NEW YORK CITY WAS 7,567,100, AND BURGLARIES REPORTED FOR 1976 WERE 155,243, AND IN 1977, 178,888. THE TOTAL CRIME RATE PER THOUSAND POPULATION FOR NEW YORK CITY WAS MORE THAN TWICE AS HIGH AS ROCKLAND COUNTY IN 1976 AND 1977. IN COMPARING THE TREATMENT OF DEFENDANTS IN NEW YORK CITY AND ROCKLAND COUNTY, NUMEROUS INEQUITIES APPEAR IN THE AREAS OF ARRESTS AND POLICE DISCRETION; BAIL, PRELIMINARY HEARINGS, DISCOVERY, AND INSPECTION; PLEA BARGAINING AND PROSECUTORIAL DISCRETION; AND SENTENCING AND JUDICIAL DISCRETION. NONVIOLENT FELONY OFFENDERS IN ROCKLAND COUNTY ARE TREATED MORE SEVERELY THAN OFFENDERS WHO COMMIT THE SAME CRIMES IN NEW YORK CITY. ONLY THOSE GUILTY OF THE MOST VIOLENT FELONY CRIMES IN NEW YORK CITY ARE SENTENCED TO STATE PRISON, PROBABLY DUE TO THE LARGE NUMBER OF OFFENDERS, BOTH VIOLENT AND NONVIOLENT. BECAUSE THE MAJORITY OF FELONY CRIMES IN ROCKLAND COUNTY ARE NONVIOLENT, A SERIOUS PROBLEM ARISES WHEN THE COURTS HAVE TO SEND A NONVIOLENT FELONY OFFENDER FROM THE COUNTY TO A STATE REFORMATORY OR PRISON. SEVERAL RECOMMENDATIONS ARE GIVEN TO ALLEVIATE THIS AND OTHER PROBLEMS IN THE TREATMENT OF OFFENDERS OF ROCKLAND COUNTY. FOR INSTANCE, A WORK AND SCHOOL RELEASE PROGRAM FOR NONVIOLENT OFFENDERS WHO MAY BE SENT TO THE COUNTY JAIL SHOULD BE IMPLEMENTED. NO TABULAR DATA OF SURVEY INSTRUMENTS ARE INCLUDED, BUT FOOTNOTES AND A SELECTED BIBLIOGRAPHY ARE PROVIDED. (PRG)