Justice Is the Crime: Pretrial Delay in Felony Cases

By Lewis Katz; Lawrence Litwin et al. | Go to book overview

CONTENTS
INTRODUCTION1
CHAPTER 1 THE ORIGINS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM7
State v. Johnson: A Case History
The Historical Approach
Grand Jury and Information
Bail
Preliminary Hearing
Arraignment
Right to Counsel
Right to a Speedy Trial
Conclusion
CHAPTER 2 DELAY IN THE COURTS35
Minimum Acceptable Standards and the Realities of Delay
Delay Between Specific Pretrial Procedures
Effects of Delay on the Individual and Society
The Speedy Trial Right: What Does It Mean? How Is It Enforced?
Delay: Why and How Is It Manufactured?
Towards a Solution
CHAPTER 3 THE DECISION TO CHARGE: A PROTRACTED PROCESS89
The Charging Process
The Role of the Police
The Police Officer on the Beat
The Role of the Prosecutor in the Charging Process
Formal Screening Process
Preliminary Hearing
The Grand Jury Indictment
Towards a Revamping of the Screening and Charging Process
Expanded Booking Procedure
The Right to Counsel at This Stage
Attorney-Prosecutor Conference
The Preliminary Hearing Court
Probable Cause Determination
CHAPTER 4 BAIL: FREEDOM BEFORE TRIAL137
Right to Bail
Preventive Detention in the District of Columbia
Bail as a Delaying Technique
The Mechanics of the Bail System

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Justice Is the Crime: Pretrial Delay in Felony Cases
Table of contents

Table of contents

  • Title Page *
  • Acknowledgments *
  • Contents *
  • Introduction 1
  • 1 - The Origins Of the American Criminal Justice System 7
  • 2 - Delay In The Courts 35
  • 3 - The Decision To Charge: A Protracted Process 89
  • 4 - Bail 137
  • 5 - Indictment To Trial 177
  • Conclusion 217
  • Appendixes 223
  • Appendix A - Court Statistics 225
  • Appendix B - State Pretrial Criminal Procedure 247
  • Bibliography 367
  • Index 381
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