PROSECUTOR'S WITNESS - AN URBAN/SUBURBAN COMPARISON

• NCJ Number: 60913
• Author(s): B E SMITH
• Date Published: 1979
• Length: 261 pages
• Grant Number(s): 77-NI-99-0040
• Sponsoring Agency: US Dept of Justice
• Publication Format: Document
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: STATE UNIVERSITY OF NEW YORK AT STONY BROOK - DOCTORAL DISSERTATION

Annotation

URBAN AND SUBURBAN COURT JURISDICTIONS ARE COMPARED TO DEVELOP A THEORY OF CIVILIAN PARTICIPATION IN THE CRIMINAL JUSTICE SYSTEM.

Abstract

THE RESEARCH, WHICH HAS IMPLICATIONS FOR SOCIOLOGY OF LAW AND ORGANIZATIONAL THEORY, FOCUSED ON THE FOLLOWING ISSUES: (1) THE ROLE CIVILIANS PERFORM IN THE PROSECUTION OF OFFENDERS IN CRIMINAL COURTS, (2) HOW LEGAL OFFICIALS ENCOURAGE OR DISCOURAGE CITIZEN INVOLVEMENT IN THE COURT SYSTEM, (3) HOW THE BUREAUCRATIC STRUCTURE OF THE PROSECUTOR'S OFFICE AFFECTS CITIZEN PARTICIPATION IN THE COURT SYSTEM, (4) HOW CIVILIAN PROSECUTION WITNESSES EVALUATE LEGAL OFFICIALS AND THE COURT SYSTEM, AND (5) THE EFFECT THE COURT SYSTEM HAS ON THE WITNESSES' WILLINGNESS TO COOPERATE WITH LEGAL OFFICIALS IN THE FUTURE. TWO LOWER CRIMINAL COURTS WERE SELECTED FOR STUDY: KINGS' COUNTY (BROOKLYN, NEW YORK) AND THE DISTRICT COURT OF SUFFOLK COUNTY (HAUPPAUGE, LONG ISLAND, NEW YORK). FROM COURTROOM OBSERVATIONS AND TELEPHONE SURVEYS WITH PROSECUTION WITNESSES, THE FOLLOWING FACTORS WERE FOUND TO INFLUENCE CIVILIAN PARTICIPATION IN THE COURT SYSTEM: THE SURROUNDINGS OF THE COURTHOUSE, THE PLEABARGAINING STYLE, THE ORGANIZATIONAL STRUCTURE OF THE PROSECUTOR'S OFFICE, AND THE CHARACTERISTICS OF THE WITNESSES. SUFFOLK, WITH ITS MODERN PHYSICAL PLANT, FORMAL DECORUM, PROFESSIONAL-CONSENSUS PLEABARGAINING STYLE, MIDDLE-CLASS CLIENTELE, AND LESS BUREAUCRATIC PROSECUTOR'S OFFICE, GRANTS WITNESSES A LARGER ROLE IN THE COURT PROCESS. BROOKLYN, WITH ITS DETERIORATING PHYSICAL PLANT, INFORMAL ATMOSPHERE, ADVERSARIAL PLEABARGAINING STYLE, LOWER-CLASS CLIENTELE, AND MORE BUREAUCRATIC PROSECUTOR'S OFFICE, GENERALLY EXCLUDES WITNESSES FROM PARTICIPATING IN THE COURT PROCESS. BROOKLYN, WITH ITS DETERIORATING PHYSICAL PLANT, INFORMAL ATMOSPHERE, ADVERSARIAL PLEABARGAINING STYLE, LOWER-CLASS CLIENTELE, AND MORE BUREAUCRATIC PROSECUTOR'S OFFICE, GENERALLY EXCLUDES WITNESSES FROM PARTICIPATING IN THE COURT PROCESS. THE MAJORITY OF WITNESSES IN BOTH JURISDICTIONS WERE WILLING TO COOPERATE IN THE PROSECUTION OF CRIMINAL OFFENDERS IN THE FUTURE. ON THE BASIS OF STUDY FINDINGS, A PROCESS MODEL OF CIVILIAN WITNESS PARTICIPATION IN THE COURT SYSTEM IS DEVELOPED. THE APPENDIXES PROVIDE AN INTERVIEW SCHEDULE FOR WITNESSES, DATA FROM THE PROSECUTORS' FILES, AND A CODE SHEET FOR COURT OBSERVATIONS. TABULAR DATA AND A BIBLIOGRAPHY ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--RCB)