NCJ Number
45172
Journal
New Hampshire Bar Journal Volume: 18 Issue: 4 Dated: (1977) Pages: 282-304
Date Published
1977
Length
23 pages
Annotation
THE RAPIDLY GROWING CASELOAD OF THE NEW HAMPSHIRE SUPERIOR COURT IS EXAMINED, AND IMPLICATIONS FOR THE PROCESSING OF CRIMINAL CASES ARE EXPLORED.
Abstract
STATISTICS INDICATE THAT AT SOME TIME DURING 1979-1980 THE NUMBER OF CASES PENDING ON THE CRIMINAL DOCKET OF THE COURT WILL EQUAL THE NUMBER OF CASES ENTERED DURING THE PRECEDING 12 MONTHS. ABOUT 10,000 CASES WILL THEN BE PENDING IF NO RADICAL MODIFICATION IN THE PATTERNS OF DISPOSITION OF CASES TAKES PLACE AND IF ENTRIES CONTINUE TO RESPOND TO THE RISING CRIME RATES. THE RAPIDLY RISING BACKLOG IN THE CRIMINAL DOCKET IS A CONSEQUENCE OF TWO OPPOSING FORCES: A STEADILY RISING RATE OF FELONIOUS CRIME, AND A PAUCITY OF CORRECTIONAL RESOURCES FOR THE EFFECTIVE DISPOSITION OF CONVICTED OFFENDERS. ANALYSIS OF STATISTICS ON THE NEW HAMPSHIRE SUPERIOR COURT'S CRIMINAL DOCKET LEADS TO THE FOLLOWING CONCLUSIONS: (1) MANY PERSONS SUBJECT TO CRIMINAL INDICTMENT MAY NOT BE INDICTED BECAUSE OF OVERLOAD DOCKETS; (2) PLEA BARGAINING WILL CONTINUE TO DECLINE, BECAUSE TRADITIONAL OPERATIONAL PREMISES ARE BECOMING INVALID, PRISON SPACE IS LIMITED, PROSECUTORS MAY BE DISINCLINED TO BARGAIN KNOWING THAT PRISON TIME MAY NOT BE EXACTED, AND PLEA BARGAINING DOES NOT OPERATE OVER A SUFFICIENT INTERVAL TO ALLOW PRISON SPACE AVAILABILITY; (3) THE PERCENTAGE OF CASES TRIED BY JURIES WILL LEVEL OFF AND DECLINE AS INSTITUTIONAL AND AVAILABLE-TIME LIMITATIONS ARE APPROACHED; AND (4) AN INCREASING NUMBER OF PERSONS CONVICTED OF CRIMES WILL NOT BE INCARCERATED, BECAUSE OF LIMITED ACCOMMODATIONS AND BECAUSE OF THE GROWING NUMBER OF OFFENDERS WITH PRIORITY ELIGIBILITY FOR PRISON SPACE. SUPPORTING DATA ARE INCLUDED.