NCJ Number
40772
Date Published
1977
Length
341 pages
Annotation
THIS BOOK DEALS WITH THREE MAJOR CONTEMPORARY PUBLIC POLICY CONCERNS -- URBAN POLITICS, CRIMINAL COURTS, AND CRIME REDUCTION -- BY ANALYZING JUDICIAL SENTENCING BEHAVIOR THROUGH LOCAL POLITICS AND SELECTION PROCEDURES.
Abstract
DRAWING ON COURTROOM BEHAVIOR, STATISTICS, AND INTERVIEWS WITH JUDGES, PROSECUTORS, AND DEFENSE ATTORNEYS, THE AUTHOR EXAMINES MAJOR ASPECTS OF THE AMERICAN SYSTEM OF CRIMINAL JUSTICE. HE FINDS THAT SENTENCING IS THE CRIMINAL COURTS' PRIMARY FUNCTION SINCE MOST DEFENDANTS EITHER PLEAD GUILTY OR HAVE A BRIEF, INFORMAL TRIAL IN WHICH THEIR INNOCENCE IS NOT THE MAJOR ISSUE. HE CONCLUDES THAT THE WAY JUDGES ARE SELECTED INDIRECTLY INFLUENCES THEIR ATTITUDES AND THE SEVERITY OF THEIR SENTENCING. THE TRADITIONAL 'MACHINE' GOVERNMENT OF PITTSBURGH AND THE 'REFORM' GOVERNMENT OF MINNEAPOLIS PROVIDE THE POLAR MODELS OF URBAN POLITICAL SYSTEMS AND JUDICIAL SELECTON PROCEDURES WHICH ARE ANALYZED IN THE FIRST PART OF THE BOOK. CONTRARY TO POPULAR ASSUMPTIONS, IT WAS FOUND THAT THE SENTENCES HANDED DOWN BY THE JUDGES SELECTED THROUGH A PARTY PROCESS IN PITTSBURGH WERE MORE LENIENT THAN THOSE OF THEIR MINNEAPOLIS COUNTERPARTS. THE PITTSBURGH JUDGES GAVE OFFENDERS PROBATION MORE OFTEN AND WERE MORE RESPONSIVE TO INDIVIDUAL CIRCUMSTANCES. MINNEAPOLIS JUDGES, WHOSE SELECTION IS NONPOLITICAL, GENERALLY PRONOUNCED MORE SEVERE SENTENCES, WHICH WERE APPLIED LEGALISTICALLY. INCORPORATING DATA FROM SEVERAL CITIES AND STATES, THE AUTHOR ASSESSES THE IMPACT OF ALTERNATIVE SENTENCING PATTERNS ON RECIDIVISM AND DETERRENCE IN THE SECOND PART OF THE BOOK. HE DISCUSSES THE CAUSES AND EFFECTS OF CRIMINAL COURT DELAY, ANALYZES DEFENSE INADEQUACIES, EVALUATES PLEA BARGAINING, AND SUGGESTS REMEDIES. ON THE BASIS OF THESE OBSERVATIONS, RECOMMENDATIONS FOR REDUCING CRIME ARE OUTLINED FOR JUDGES.(AUTHOR ABSTRACT MODIFIED)...EB