Juvenile drug courts (JDCs) have grown exponentially in the last 15 years. JDCs typically require more parental participation than do other community correctional options as a source of social support for juveniles. Using official data and offender case files, this study examined client behavior and parental support through various phases to determine factors that contribute toward successful program completion and postprogram recidivism reduction. Family support was a significant predictor of both graduation and of postsupervision rearrest. Time spent in the drug court program and client age were additional predictors of rearrest, while less prior adjudications were an additional predictor of whether a youth would complete the drug court program. Policy implications to increase parental support are discussed.
This study used the uncertainty avoidance perspective to examine several legal and extralegal factors deemed to be important for prosecutors and defense attorneys in an adult defendant's initial referral to pretrial diversion. Findings indicated that previous community supervision was ranked highly by both attorney groups and the defendant's adult criminal record, pending cases, and the police report were ranked higher in importance by prosecutors. The defendant's mental health, drug history, and community ties were viewed as significant extralegal factors in referral to diversion. The authors also examine perceptions of diversion revocations. Consistent with their role, prosecutors were generally less tolerant of offender failures than defense attorneys, particularly for offenders on diversion for prostitution and drug offenses. Prosecutors and defense attorneys in this study, however, responded similarly to technical violations for use of illegal drugs, failure to report, failure to complete treatment, pay victim restitution in full, or not finishing community service.
Presentence investigation reports (PSIRs) are still used as an important component in some sentencing recommendations. Perspectives on the utility of the PSIR have typically focused on probation officers and less so on attorneys who use the document in plea negotiations and in sentencing recommendations. This study examines the importance of the PSIR for 57 prosecutors and 16 defense attorneys. Findings indicate that adult record, history of probation/parole, victim-impact statements, official version of offense, gang affiliation, and pending cases were viewed as important for prosecutors than for defense attorneys when preparing sentencing recommendations using the PSIR. Implications of these findings will be discussed.
The preliminary hearing is an important procedure in the American court system. Many variations exist in the structure and practice of the preliminary hearing among the states and between jurisdictions in the United States. Despite these differences, the main purpose and objective of the preliminary hearing is essentially the same: It defines the role of the judge in determining if probable cause exists in support of the charges against the accused and to provide individuals with the constitutional provisions afforded them. The defendants are also formally read the charges against them and their legal rights prior to the outset of the criminal justice process. The aim of this entry is to provide a general overview of the preliminary hearing. In doing so, a brief summary of some of the major US Constitutional provisions is provided.
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