NCJ Number
82207
Date Published
1982
Length
176 pages
Annotation
This study argues that defendants are passive participants in the criminal justice system. Criminal justice authorities (police, defense counsel, plea negotiators, trial and appeal judges) exercise their power over the defendants in the interests of social control.
Abstract
The researchers interviewed 101 defendants and observed police officers, crown officials, defense attorneys, and judges involved in the cases. The sociolegal literature on criminal justice procedures rarely focused on the perspective of the accused, who appeared to be shut out of the decisionmaking process (making police statements, obtaining counsel, pleading guilty, appealing court decisions) as cases progressed. Although theoretically the defendants make decisions throughout the process, these choices reflect submission to pressure and to structural arrangements. This appears particularly true of transactions between the accused and the police; coerced compliance with police orders frequently seals a case at an early stage. Equally beyond the accused's control are plea negotiations, which are handled by attorneys without defendant participation. Defendants also feel distant from trial proceedings because of the formality of the linguistic and structural conventions. By requiring the presence of the accused, the court receives their 'consent' to what is being done to them. Thus the accused plead guilty and receive a light disposition instead of risking an adversarial struggle that might further their long-term interests. Yet the accused expressed satisfaction with the process, especially the sentencing outcomes and the judges. They realized that uncooperative behavior would be punished more severely and be more expensive. Of the 101 accused, charges against 11 were withdrawn, charges against 4 were dismissed, and 2 were acquitted. Thus, the process was '84 percent efficient' in convicting the remainder. Tabular data, notes, an index, and 217 references are supplied.