The Process Is The Punishment: Handling Cases In A Lower Criminal Court.* By Malcolm M. Feeley. 1979.
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In the final part of the book, Feeley explains that for defendants
it is the cost of the process, and not the outcome, that is paramount.
Sentences are usually lenient, with few long jail terms and frequent
fines of $25 or less. And defendants are unconcerned with the stigma
of conviction or the long-run consequences of a criminal record.
The costs of obtaining bail, missing work to attend court, and
retaining an attorney are far more severe than the sentence. Defendants
plead guilty because it saves them time and money; the costs of asserting
due process rights of trial and appeal far outweigh potential
benefits. In the marketplace, defendants with a minor purchase seek
to minimize their time waiting in line, and pleading guilty opens up
the express lane. Feeley's message is clear: once one realizes the
high cost of invoking rights, the existence and value of those rights
are called into question. Feeley concludes with reflections on the
adjudicative ideal and rejects the "heavy-caseload" explanation for
the pretrial dispensation of criminal justice.
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