Nature and consequences of dismissals: Implications for public safety and crime prevention in criminal courts in America

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• 作者：E. Rely Vî ; lcic&#259 ; ; ^{rvilcica@temple.edu}  ; [Author Vitae]
• 刊名：Journal of Criminal Justice
• 出版年：2012
• 期刊代码：60_00472352
• 类别：soc
• 出版时间：March-April, 2012
• 卷：40
• 期：2
• 页码：103-116
• 文件大小：509 K

摘要

The role of dismissal as a major case disposition in criminal courts in America has been largely neglected in empirical studies to date, despite long-lasting questions about its nature and important implications for justice goals. This paper is a first attempt to fill in this gap.

Purpose

Drawing on untested assumptions about a possible dismissal-reoffending connection, the paper proposes a public safety framework for examining the nature of dismissals and their consequences for the community. Under this perspective, dismissal is a function of defendants鈥?risk attributes and contributes to subsequent public safety threat.

Methods

To test these hypotheses, predictive and causal analyses were conducted on an 800-case sample of criminal defendants in one large urban American jurisdiction, Philadelphia, Pennsylvania. Cases were sampled at the first judicial stage and followed as a cohort for one year to record disposition and post-disposition outcomes.

Results

The findings indicate that defendants鈥?risk attributes contribute to the explanation of dismissal and that dismissal in itself adds to the probability of subsequent offending.

Conclusions

The findings raise questions about the justice system goals, particularly deterrence and have important policy implications for the processing and disposition of criminal cases in American jurisdictions.