NCJ Number
58877
Date Published
1977
Length
90 pages
Annotation
THIS REPORT FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS DESCRIBES THE OPERATION OF TITLES I AND II OF THE SPEEDY TRIAL ACT OF 1974 DURING ITS FIRST FULL YEAR UNDER TRANSITIONAL TIME LIMITS.
Abstract
TITLE I REQUIRED ALL DISTRICT COURTS TO DEVELOP TRANSITIONAL SPEEDY TRIAL PLANS FOR THE PERIODS JULY 1, 1976, TO JUNE 30, 1977, AND JULY 1, 1977, TO JUNE 30, 1978. THE PLANS WOULD MANDATE BRINGING CRIMINAL DEFENDANTS TO TRIAL WITHIN A MAXIMUM OF 250 AND 175 DAYS, RESPECTIVELY. BY JUNE 30, 1978, COURTS ARE TO ADOPT FINAL SPEEDY TRIAL PLANS UNDER WHICH ALL DEFENDANTS ARE TO BE BROUGHT TO TRIAL WITHIN 100 DAYS OF ARREST. ON JUNE 30, 1977, A TOTAL OF 17,109 CRIMINAL CASES WERE PENDING ON THE DOCKETS OF THE DISTRICT COURTS, COMPARED WITH 19,756 AT THE BEGINNING OF THE YEAR. CRIMINAL CASES WITHOUT FUGITIVE DEFENDANTS DECLINED 23.1 PERCENT BETWEEN JUNE 30, 1976, AND JUNE 30, 1977. THE DISTRICT COURTS HAVE THUS MADE SIGNIFICANT PROGRESS DURING THE PAST YEAR. ADDITIONAL JUDGES, RESOURCES, MAGISTRATE POWERS, AND AMENDMENTS IN JUROR SELECTION ARE NEEDED, HOWEVER. UNDER TITLE II OF THE ACT, PRETRIAL SERVICES AGENCIES WERE ESTABLISHED IN 10 DEMONSTRATION DISTRICTS. ANALYSIS OF 7,532 CASES HANDLED BY THESE AGENCIES SHOWED NO STATISTICAL DIFFERENCES, OTHER THAN IN DETENTION RATES, FOR THE TWO TYPES OF DISTRICTS (BOARDS OF TRUSTEES AND PROBATION). WHILE THE TWO TYPES OF DISTRICTS HAD SIMILAR OPERATING PROCEDURES, PROBATION DISTRICTS HAD SIGNIFICANTLY HIGHER RATES OF DETENTION. FOR BOTH TYPES OF DISTRICTS, HOWEVER, DETENTION TIME WAS LOWER THAN IN THE BASELINE SAMPLE. INDIVIDUAL PROGRAM ADMINISTRATORS AND JUDICIAL OFFICERS HAD DIFFERENT PHILOSOPHIES ON PRETRIAL DIVERSION AND SUPERVISION OF PERSONS RELEASED ON BAIL. THE IMPACT OF TITLE II ON THE PRETRIAL RELEASE PROCESS WILL BE MORE CLEARLY REVEALED FROM THE NEXT 2 YEARS' DATA. DIFFERENCES AMONG DISTRICTS SHOULD BE FURTHER EXAMINED. EXTENSIVE TABLES ARE INCLUDED. FOR VOLUME TWO OF THIS REPORT, SEE NCJ 58878. (CFW)