PARAMETERS OF CRIMINAL PROSECUTION - AN APPLICATION OF PATH ANALYSIS TO A PROBLEM OF CRIMINAL JUSTICE

• NCJ Number: 18673
• Journal: Journal of Criminal Law and Criminology Volume: 65 Issue: 4 Dated: (DECEMBER 1974) Pages: 236-244
• Author(s): J HAGAN
• Date Published: 1974
• Length: 9 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

A STUDY OF FACTORS IN CRIMINAL PROSECUTIONS WHICH MAY AFFECT CASE OUTCOMES, BASED ON A SAMPLE OF 1018 CASES INVOLVING OVER 1500 CHARGES, DRAWN AT RANDOM FROM FILES OF PROSECUTIONS IN A WESTERN CANADIAN CITY.

Abstract

THE FIRST GROUP OF VARIABLES CONSISTS OF EXTRA-LEGAL OFFENDER CHARACTERISTICS SUCH AS RACE AND SOCIO-ECONOMIC STATUS. THE SECOND GROUP OF VARIABLES INCLUDES LEGALLY DEFINED OFFENSE AND OFFENDER CHARACTERISTICS. PRIOR ARREST, SERIOUSNESS OF INITIAL CHARGE, AND NUMBER OF CHARGES. THE THIRD GROUP INVOLVES PROCEDURAL FACTORS, SUCH AS PRESENCE OF DEFENSE COUNSEL, INITIAL PLEA, AND CHARGE ALTERATION. USING TECHNIQUES OF PATH ANALYSIS AND MULTIPLE REGRESSION PROCEDURES. DATA WERE ANALYZED TWICE: ONCE WITH THEE DISMISSED CASES INCLUDED IN THE SAMPLE, AND ONCE WITHOUT THESE CASES. THE FIRST ANALYSIS SHOWED THAT THE PRESENCE OF DEFENSE COUNSEL, THE INITIAL PLEA, AND CHARGE ALTERATION PLAYED A MAJOR ROLE IN DETERMINING FINAL DISPOSITION. RACE AND SOCIO-ECONOMIC STATUS WERE NOT SIGNIFICANT INFLUENCES IN THIS PROCESS. THE POSSIBLE EFFECTS OF SOCIAL AND RACIAL SIFTING THAT MAY OCCUR EARLY IN THE LEGAL PROCESS ARE DISCUSSED WITH RESPECT TO THIS ANALYSIS.