NCJ Number
56875
Date Published
1979
Length
203 pages
Annotation
DIRECTED AT BOTH CRIMINAL JUSTICE PRACTITIONERS AND RESEARCHERS, THIS STUDY OUTLINES A DADE COUNTY, FLA., PROPOSAL TO VOLUNTARILY INVOLVE VICTIMS, DEFENDANTS, AND POLICE IN JUDICIAL PLEA NEGOTIATION CONFERENCES.
Abstract
SUPPORTED BY LEAA, THE STUDY HAD SEVERAL OBJECTIVES: (1) TO DETERMINE WHETHER PRETRIAL SETTLEMENT CONFERENCES WERE A FEASIBLE CASE DISPOSITION PROCEDURE IN A MAJOR URBAN AREA FELONY COURT; (2) TO MAKE A PRELIMINARY DETERMINATION OF THE PROCEDURE'S IMPACT ON CASE PROCESSING AND DISPOSITION; AND (3) TO ASSESS THE IMPACT OF THE CONFERENCE ON THE JUDGES, ATTORNEYS, VICTIMS, DEFENDANTS, AND POLICE INVOLVED. THE FIELD EXPERIMENT IN DADE COUNTY PROPOSED THAT ALL PLEA NEGOTIATIONS TAKE PLACE IN FRONT OF A JUDGE AND THAT THE VICTIM, DEFENDANT, AND POLICE OFFICER BE INVITED. THE CONFERENCES WERE BRIEF, BUT GENERALLY REACHED AT LEAST AN OUTLINE OF A SETTLEMENT. THEY USUALLY INCLUDED AT LEAST ONE LAY PARTY, ALTHOUGH THE ATTENDANCE RATES FOR THE VICTIM AND POLICE OFFICER WERE LOW. THE CHANGE IN THE STRUCTURE OF THE PLEA PROCESS REDUCED THE TIME INVOLVED IN CLEARING CASES BY LOWERING THE INFORMATION AND DECISIONMAKING COSTS TO THE JUDGES AND ATTORNEYS. NO SIGNIFICANT CHANGES IN THE SETTLEMENT RATE OR IN THE IMPOSITION OF CRIMINAL SANCTIONS WERE NOTED. THERE WAS SOME EVIDENCE THAT THE POLICE AND, TO SOME EXTENT, THE VICTIMS WHO ATTENDED THE SESSIONS OBTAINED MORE INFORMATION AND HAD MORE POSITIVE ATTITUDES ABOUT THE WAY THE CASES WERE HANDLED. A BRIEF BACKGROUND DISCUSSION AND LITERATURE ARE PROVIDED, ALONG WITH A DESCRIPTION OF THE FULL PRETRIAL SETTLEMENT CONFERENCE PROPOSAL AND ITS RATIONALE. THE ISSUES ADDRESSED IN IMPLEMENTING THE PROPOSAL ARE DISCUSSED, AS ARE THE RESEARCH METHODOLOGY, FINDINGS, AND IMPLICATIONS. TABULAR AND GRAPHIC DATA ARE PROVIDED. THE SAMPLE PROCEDURE AND INSTRUMENTS ARE APPENDED.