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David Aaronson, Bert Hoff, Peter Jaszi, Nicholas Kittrie, and David Saari
The primary objectives of this study were to identify and examine the current range of alternatives to conventional adjudication; to determine the impact of these alternatives on the activities of criminal justice agencies; and to present an overview of organizational, legal and evaluative issues and concerns relative to the adoption and implementation of an alternative. The researchers collected and analyzed a large amount of written documentation and evaluative reports on alternative projects throughout the country and in addition, visited over twenty cities to examine their alternative procedures. The results of this research effort are contained in two documents, The New Justice and Alternatives to Conventional Adjudication-A Guidebook for Planners and Practitioners. The New Justice represents a summary of the actual analysis and comparison of more than seventy models (If alternatives examined. In this report the researchers have concluded that most alternatives deal with one or all of three basic sources of dysfunction in the traditional system: 1) improper subject matter jurisdiction; 2) ineffective disposition of defendants, and 3) disparity in treatment of defendants. This summary report provides a valuable discourse on a topic of growing national interest and concern.
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David Aaronson, Nicholas Kittrie, and David Saari
"RESEARCHERS COLLECTED AND ANALYZED A LARGE AMOUNT OF WRITTEN DOCUMENTATION AND EVALUATIVE REPORTS ON ALTERNATIVE PROJECTS THROUGHOUT THE COUNTRY AND, IN ADDITION, VISITED OVER 20 CITIES TO EXAMINE THEIR ALTERNATIVE PROCEDURES. TO FACILITATE ANALYSIS OF THE RELATIONSHIPS AMONG VARIOUS ALTERNATIVES AND ACTORS IN THE CRIMINAL JUSTICE SYSTEM, A MATRIX WAS PREPARED WITH THE DECISION POINTS AT ALTERNATIVES WHICH CAN APPLY ON THE HORIZONTAL AXIS AND AT INDIVIDUALS AND AGENCIES WHICH MIGHT APPLY ALTERNATIVES IN THE VERTICAL AXIS. AMONG THE INDIVIDUALS AND AGENCIES EXAMINED ARE: LEGISLATORS, POLICE, PROSECUTORS, TRIAL COURTS, DEFENSE COUNSELS, PUBLIC AND PRIVATE AGENCIES, CITIZENS, PROBATION AND PAROLE OFFICERS, AND APPELLATE COURTS. THE DECISION POINTS WERE CATEGORIZED IN THE FOLLOWING MANNER: 1) DECISION TO DEFINE CONDUCT AS A CRIME; 2) DECISION TO FOCUS ATTENTION ON A SUSPECT; 3) DECISION TO ARREST; 4) DECISION TO CHARGE; 5) DECISION TO RELEASE DEFENDANT PENDING TRIAL OR DISPOSITION; 6) DECISION ON PRETRIAL MOTIONS AND APPLICATIONS; 7) DECISION TO TRY OR TO ACCEPT A PLEA; AND 8) DECISION TO SENTENCE. WITHIN THIS TYPOLOGY MORE THAN 70 DIFFERENT MODELS OF ALTERNATIVES ARE DEFINED AND EXAMINED. THIS GUIDEBOOK OFFERS CRIMINAL JUSTICE PLANNERS AND PRACTITIONERS NEW AND USEFUL IDEAS FOR PLANNING, COMPARISONS OF IDEAS PLACING THEM INTO A NEW CONTEXT, A REALISITC VIEW OF ALTERNATIVES BASED UPON EMPIRICAL STUDY, AND A REFERENCE TOOL FOR LONG TERM FUTURE USE. IT SUMMARIZES THE PLANNING TASKS WHICH LIE AHEAD FOR THOSE WHO WISH TO CONSIDER ALTERNATIVES TO CONVENTIONAL ADJUDICATION FOR LESS SERIOUS OFFENSES AND OFFENDERS, EMPHASIZING THOSE ALTERNATIVES WHICH ARE RELATED TO OR ARE LIKELY TO HAVE A MAJOR IMPACT UPON THE COURTS AND THE ADJUDICATORY PROCESS, AS OPPOSED TO THE CORRECTIONAL SYSTEM. APPENDED MATERIALS INCLUDE SAMPLE TEXTS OF ALTERNATIVES ESTABLISHED THROUGH LEGISLATION AND COURT RULE, NATIONAL STANDARDS RELEVANT TO ALTERNATIVE PLANNING, AND A SELECTED LIST OF ALTERNATIVE PROJECTS. FOR THE THREE VOLUME REPORT ON THE ORIGINAL 18-MONTH RESEARCH PROJECT, SEE NCJ-19974."
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