NCJ Number
86098
Journal
Police Chief Volume: 49 Issue: 10 Dated: (October 1982) Pages: 58-65
Date Published
1982
Length
8 pages
Annotation
The sentencing of a guilty defendant is not the result of unilateral judicial decisionmaking but rather the product of recommendations made by representatives of several offices, including the police, prosecutor, and the court.
Abstract
Together, the police, prosecutor's office, and the court compose the criminal justice system. Each of these components has its own interest and goals that may be in conflict with one another. Since 90 percent of all criminal defendants plead guilty, most pretrial proceedings, as well as the trial and appellate process, have little impact on most defendants. In addition, disparities occur because of the different propensities among judges. According to one expert, there are two models of the criminal justice process. The first is couched in terms of due process and the rule of law. The second, which has gradually replaced the first, is an administrative, ministerial, bureaucratic model emphasizing efficiency and rationality. The second model weakens the idea of an adversary system of justice. Nevertheless, the system of justice by negotiation without trial is likely to be the keystone of criminal justice for the future. Eleven footnotes are provided.