HomeMy WebLinkAboutItem #07 - Discussion ItemL.
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO
FROM
The Honorable Maurice Ferre OATF January 14, 1982 FILE
and Honorable. Members of the
Cmis Community Crime Control
and Consumer Protection
y1 1 II t NS':, F I
g P. Knox, Jr. Nov. 12 1981 Direction
Ci ttorney F.NCt ORURF.S to the Law Department
On November 12, 1981, the Law Department was directed
to submit recommendations for establishing a section within
the Department which will be involved in two general areas,
i.e. the Criminal Justice System and in Consumer Protection
matters which have an adverse impact upon the City, as a
consumer, as well as on residents.
I.
CRIMINAL JUSTICE. SYSTEM
A. A member of the Law Department was assign,=u to research
these two broad and issue -laden areas in addition to his
assigned caseload. Unfortunately, our present caseload
burdens and lack of sufficient personnel has not allowed
us to conclude our in-depth analysis. However, the herein
memorandum should provide you with an overview of some of
the numerous professional and civic organizations engaged
in the fight against crime; it contains reports/studies
which analyze existing problems in our criminal justice
system. Possible courses of action in specified areas of
concern are set forth and our progress to date is also
reflected herein.
Over the past few weeks our staff member has met with
numerous professionals and community members who are
deeply concerned over the problems plaguing Miami's crim-
inal justice system and the adverse effect crime has had
upon our economy and quality of life. Many segments of
our community are unselfishly devoting their time and
resources to seeking feasible solutions.
There are many groups, both civic and professional, working
towards the same goals yet there is no single entity coordi-
nating or monitoring those efforts. It appears that often-
times the organizations were competing for the same re-
sources (e.g. applying for the same research grants) or
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The Honorable Maurice Ferre
and Honorable Members of the
City Commission i2-
January 14, 1982
sending delegations to meet with legislators or government
officials to discuss the same problems, thereby undermining
each other's effectiveness. To eliminate this duplicity
in effort there should be a coordinating committee made up
of all of the various professional and civic groups involved.
Nonetheless, many of the groups have been successful in
their efforts to create a concerned community spirit, to
elicit fiscal and resource contributions from the private
sector and propose genuinely feasible solutions.
Below is an observed sampling of organizations/individuals,
and some of their prosals:
MIAMI CITIZENS AGAINST CRIME - organized by the Greater
Miami Chamber of Commerce and several other local chambers,
as well as the Crime Commission of Greater Miami. Its
chairman, Alvah Chapman, President of the Knight-Ridder
Newspapers, divided the group into eight committees; e.g.;
the State Task Force, headed by banker Lester Freeman,
has already begun to lobby the legislature for a one penny
sales tax hike to be used to fund crimefighting efforts.
The tax increase could yield up to an additional $800
million. Another such committee is the Federal Task Force,
chaired by Eastern Airlines president Frank Borman and
Armando Codina, head of Intra-America Investments, which
drafted a list of endorsed proposals for submission to
the Reagan Administration. These proposals do not require
the allocation of additional funds, but merely suggest
the reallocation of existing federal and military resources
to combat the crime problems facing South Florida. We
have been informed that the White House is quite receptive
to these proposals.
The Orange Bowl Committee, Burger King Corp. and National
Brands, Inc. together have pledged a total $125,000 to this
group.
THE CITIZEN'S CRIME COMMISSION OF GREATER MIAMI, - chaired
by Warren S. Wepman, a Coconut Grove attorney, sponsors
the CRIME STOPPERS ANONYMOUS Program which encourages
citizens to call in information to the police. Cash rewards
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The Honorable Maurice Ferre
and Honorable Members of the
City Commission
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January 14, 1982
are paid for tips that lead to convictions. In the last
three months of 1981, 2,000 phone calls were received
and 27 criminals have already been arrested. The reward
pool is made up of contributions from area businesses
($50,000 at present) and the Miami News and WTVJ-TV
(Ch. 4) cooperate in this program by publicizing clues
to unsolved crimes.
MIAMI POLICE DEPARTMENT'S CRIME WATCH - presently there
are approximately 41112 households participating. There
has been a noteworthy decrease in crime. The Police De-
partment believes that a maintenance program is necessary
to prevent a deterioration in numbers, morale and organi-
zation. Additional funds may be needed to print newsletters,
organize periodical block captain's meetings, and sponsor
an annual block watch meeting. Representative Larry Smith
(D., Hollywood), chairman of the House Criminal Justice
Subcommittee, states that a proposal pending before the
committee would grant $4 to $5 million to all citizens
crime watch programs, which only received an allocation
of $250,000.00 last year.
County Manager of Dade County has organized an Ad -Hoc Exe-
cutive Policy Committee for the development of a Criminal
Justice Faculty Master Plan that will document our needs
for construction of facilities through the year 2000,
and be utilized in conjunction with the county's
"Decade of Development" Bond Program. This plan is to
be completed by May, 1982.
THE TOURIST DEVELOPMENT COUNCIL and THE SOUTH FLORIDA
HOTEL AND MOTEL ASSOCIATION - have both encouraged the
formation of a special governor's task force on crime
and advocated an advertising campaign to cure Miami's
tarnished image as a crime haven.
DADE COUNTY LIQUOR CONSORTIUM - organized by Monty Trainer,
presently contains 22 businesses seeking to protect their
liquor licenses and their patrons from drug peddlers. The
members are willing to pay an administrative cost fee of
$25.00 per person if an agency, such as the Florida Divi-
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The Honorable Maurice Ferre
and Honorable Members of the
City Commission
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January 14, 1982
sion of Alcoholic Beverages or the Miami Police Department,
would issue a clearance card after checking fingerprints
and backgrounds. This procedure would screen out under-
sirables from the industry. They urge Dade legislators
to enact a law to institute such a program.
GREATER MIAMI UNITED - an organization of prominent
citizens has formed an Immigration Police Task Force.
KIWANIS CLUB OF MIAMI - has formed a Crime Prevention
Committee.
Governor Graham's CRIMINAL JUSTICE REFORM TASK FORCE - a
panel headed by Supreme Court Chief Justice Alan Sundberg
and Attorney General Jim Smith recently recommended the
abolition of commercial bondsmen, no bail to be required in
nonviolent crimes, and an amendment to the Florida Consti-
tution to hold defendants presumed to be dangerous or
violent without bail.
The above list is by no means exhaustive of the numerous
groups currently active in the criminal justice area, and
does not include those individuals or organizations
associated with the administration of justice.
B. In an effort to assist governments, federal, state and
local, the Greater Miami Chamber of Commerce held meetings
with the public, with law enforcement agencies, and with
community groups and legislators. A Criminal Justice
System Position Paper was drafted, identifying the problem
areas and proposed solutions. Among their requests for
legislative changes were:
a. A law for handgun purchases which requires a waiting
period and background check;
b. Guidelines for plea bargaining;
c. Establishment of a public or semi-public bail
bonding system;
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The Honorable Maurice Ferre
and Honorable Members of the
City Commission -5- January 14, 1982
d. Uniform sentencing guidelines for judges;
e. Modification of the State's exclusionary rule.
The same problem areas have been identified and addressed
by Chief Kenneth I. Harms in his testimony before the Dade
Delegation's Criminal Justice Task Force and by the Dade -
Miami Criminal Justice Council's recently published Blue-
print for the 801s. See attached reports.
C. The reports which are attached to this memorandum will
provide you with an overview of the needs currently
impacting upon the administration of criminal justice in
our community. Additional time is needed by the Law De-
partment, in order to properly assess the City's role for
a positive contribution to the community effort.
D. The detailed analysis to be completed by the Law Depart-
ment will explore legislative alternatives taken by other
local and state governments. For example, our initial
investigation into the field of gun management control
has revealed that the Police Executive Research Forum,
Washington, D.C., is currently concluding itsyear-long
study for submission to law enforcement agencies, and
that several legislative entities have enacted laws of
varying degrees:
a. Rhode Island enacted Section 11-47-35 which requires
every purchaser of a handgun to present a safety
certificate issued by a governmental agency which
has administered a safety course of 4-6 hours of
instruction in the safe use and handling of pistols
and revolvers;
b. Massachussetts enacted a strict gun -licensing law,
combined with mandatory jail terms for violators
who use handguns in crime or carry unlicensed pistols.
Chapter 140 and 269, Annotated Laws of Massachussetts.
So effective was this law that handgun homicides in
Boston declined by 43% after its enactment;
c. The village of Morton Grove, Illinois, enacted an
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The Honorable Maurice Verre
and Honorable Members of the
City Commission
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January 14, 1982
ordinance which prohibited possession of all handguns
and gave its residents 90 days to dispose of their
guns or face confiscation and misdemeanor penalties.
A federal court judge ruled on December 29, 1981,
that a local unit of government has a right to ban
the sale and possession of handguns, and such is
not a violation of the U.S. Constitution's guarantee
of an individual's right to "bear arms".
d. Our forthcoming analysis will also survey legisla-
tive proposals pending in Tallahassee and suggest
options available to local legislative bodies.
Two such proposals are worthy of immediate lobbying
efforts in the pending legislative session. First,
is the penny increase in sales tax which would
generate an additional $800 million, hopefully to be
used to fight crime. House Speaker Ralph Haben (D.)
Palmetto) and Senate President W.D. Childers C.D.,
Pensacola) have both filed bills.
Second is HB-157 filed by Representative Dexter
Lehtiner (D., Miami) to create Florida Statute 921.001,
Sentencing Guidelines Act of 1982, which would incor-
porate the results of the State Courts Administrator
sentencing guidelines project. The Law Department
is in receipt of an 80 page document on this topic
which must be assessed, and we are awaiting the
project's final report to be presented to the Legis-
lature this month.
The Sentencing Guidelines Act would award points
for severity of offenses, past criminal records of
those convicted, and any mitigating or aggravating
circumstances. Sentences would then be mandated by
the total number of points accrued. This Act should
eliminate the inconsistent disposition of criminal
cases and countercharges that certain judges are
too lenient or too harsh. Any other effort to analyze
the disposition of criminal cases would be impossible
since each case contains it own unique circumstances
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The Honorable Maurice perre
and Honorable Members of the
City Commission -7-
January 140 1982
and variables. A mere statistical review of the dis-
position of cases by the local judiciary would be
patently unrealistic without an in-debth analysis of
each case. A Uniform Sentencing Guidelines Act appears
to be the most viable response to the problem and is
worthy of enactment.
E. In an effort to address itself to the problems generated
by the massive influx of refugees into our community and
the federal government's failure to provide sufficient
resources to local agencies, our law department staff
member has contacted actively involved attorneys and
organizations.
However, due to the divergent interests of all the groups
involved it is difficult to establish a line of communi-
cation from which would emerge a plan of action without
the coordinating efforts of some entity willing to sponsor
a conference or commit its resource. It must be stated
that all the groups contacted have expressed a willingness
to cooperate with the Law Department's efforts.
Additionally, the law department has been actively assis-
ting the Dade County Attorney's Office in the research
and preparation of a lawsuit to be filed against the
Federal government. Metro Commissioner Harvey Ruvin has
been active in the National Association of Counties and
forged an alliance of local governments that are committed
to bringing a court test of "the issue of Federal responsi-
bility for refugees and aliens." Although we have not
formally been sanctioned by the City Commission to join
in this lawsuit as a party, the Dade League of Cities,
Inc., did sponsor a luncheon on December 4, 1981, where
the County Attorney's Office requested assistance from
the various City Attorneys . Our law department has con-
ducted extensive legal research in an attempt to locate
a legal theory upon which to base the suit, we have gathered
together Presidential Orders, and relevant data. At a
luncheon meeting with Basil Yanakakis, a former Harvard
law professor, the law department and the County Attorney's
Office were assured that the only feasible basis for the
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The Honorable Maurice Ferre
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City Ccrmission
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January 14, 1982
suit would be that the Federal government violated a
provision of the United States Code by allowing the en
masse entry of aliens who were "likely to become public
charges." During President Carter's administration the
U.S. Attorney General temporarily paroled en masse thou-
sands of Mariel boatlift refugees in violation of the
Refugee Act of 1980. At this juncture we must gather
sufficient statistical data to support the allegations
to be contained in the proposed lawsuit.
II.
CONSUMER PROTECTION
At the City Commission meeting of November 12,1981, the
Commission discussed the need for the Law Department to become
involved in consumer protection matters which have an adverse
impact upon the City and its residents. The discussion centered
around two major areas:
1. The need to intervene in rate -making hearings before
the Public Service Commission; and
2. To investigate the legal ability of the City to file
complaints with the FCC or initiate legal actions
against any broadcast licensee who foments racism
and hatred.
Concerning the first area, you will find attached my memo-
randum of October 9, 1981 to the Mayor. The Mayor had asked
that we look into the rate case that Florida Power and Light
had pending before the Public Service Commission. We were able
to render a report to the Mayor, but only with great difficulty.
Rate -making is a highly technical field. There is a massive
amount of data that must be collated and analyzed. Many law
firms, all with several attorneys and sufficient technical back-
up, file papers and take positions. It is virtually impossible
for any attorney, already handling a full slate of duties, to
adequately represent the City's interest. Thus, it would in
order for us to obtain an Assistant City Attorney who possesses
the requisite skill and technical expertise. This attorney
could be charged with the duty of maintaining contact with the
PSC, the utilities, and the Public Counsel, who represents
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The Honorable Maurice Perre
and Honorable Members of the
City Ccnmission -9- January 14, 1982
all the citizens of Florida in rate -making cases. This attorney
could also stay in contact with the Dade County Consumer Advocate,
to avoid needless duplication.
Besides rate -making, this attorney will specialize in all
consumer related legal matters, and represent the City as a
consumer, which will hopefully have a spill -over effect and
ultimately benefit all our citizens.
We have also conducted an analysis of the Federal
Communications Commission's Rules and Broadcast Guidelines,
the United States Code, and related case law. We found
that embodied within the provisions of 47 USC 5315 is a
concept known as the "Fairness Doctrine" which has been
interpreted to impose 2 duties on broadcasters: it must
present coverage of issues of public importance and such
programming must faily reflect different viewpoints on con-
troversial issues. A corrollary doctrine is the "personal
attack rule" which imposes upon a broadcaster the specific
duty to any person or group whose honesty, character, integrity
or like personal qualities are attacked in the course of
presentation of views on a controversial issue of public
importance. The broadcaster must notify the person or group
attacked within seven (7) days and provide a script or tape
of the attack, and the broadcaster must take the initiative
to offer reasonable opportunity to reply over their facilities.
Any listener who believes a broadcaster is not meeting its
obligations under these doctrines must first complain to the
broadcaster, and if the listener still remains dissatisfied
with the broadcaster's response or explanation then an official
complaint may be filed with the F.C.C.
Moreover, a private cause of action exists for a violation of
the personal attack rule on behalf of an identified person
whose honesty, character and integrity has been attacked, and
such a suit is not barred by the doctrine of exhaustion of
administrative remedies. Where there are stations which have
been identified as making personal attacks on identifiable
groups or persons, an investigation must be made to document
the actual broadcasts and a formal complaint made to the broad-
caster, then to the F.C.C. Such a course of conduct would be
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The Honorable Maurice Ferre
and Honorable. Members of the
City Commission -10-
January 14, 1982
permissible by any listener However, any subsequent legal
action must be undertaken by the aggrieved individual or group
through a private attorney.
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Criminal Justice System position paper
The citizens of Dade County are frightened, angry and frustrated!
Crime has invaded our streets to the point that people -- young and old,
men and women, black, white and latin are afraid to walk on the streets
day or night.
The media has exacerbated the problem with headlines that read:
"Miami: Crime Capital of the World!" "Miami: Number 1 in Crime!"
"Murder Capital ! "
Citizens, and especially the business community, are outraged and
are demanding that something be done immediately.
In the eyes of the people, the criminal justice system has failed
-- the law enforcement segment, the judicial segment, the correctional
segment and the juvenile justice segment. The perception is that each
part has failed and that the total system has given way to the criminal.
This is a community -wide problem that has been attributed to the lack of
strong political leadership and involvement of the ordinary citizen.
In these feelings of fear and despair there are many perceptions,
some correct and some incorrect; but what people perceive is to them
reality. To change these feelings, the governments -- federal, state,
county and rrunicipal -- must deal with these perceptions. Their actions
must respond to what the people believe is the situation.
The Greater Miami Chamber of Commerce held a meeting in September
to receive the public's ideas about the law enforcement segment of the
criminal justice system. Members of the Crime Prevention Action Commit-
tee met with many community groups. In January the Chamber called a
meeting at the request of Senator Lawton Chiles to investigate people's
feelings about drug trafficking in our community. Professional adminis-
trators in the criminal justice system were asked to meet with the
Committee and present their "wish" list, those things their organiza-
tions felt would enable them to make a major impact on the crime
problem.
From these and many
and solutions
perceptions,
citizen fear.
proposed.
problems and
other meetings, the problem were identified
This is an action paper to deal with those
solutions identified with demands to alleviate
LAW Vf11 t7Fi(:t=Mr=Nl-
Fact: The Community does not have enough policemen.
Action: Metropolitan Dade County is proposing an increase of sworn
officers from 1,500 to 2,500 over the next four years. We support this
action and encourage them to expedite this proposal. The sworn police
officer on the street or in a patrol car is the most visible evidence to
the citizen of protection. Therefore, it is recommended that Dade
County (Metro -Dade County and each of the minicipalities) increase its
citr r ent average of 1.9 sworn officers per 1,000 population to the
present national average of 2.5 sworn officers per 1,000 population for
cities of comparable size.
The State of Florida should permanently assign the number of Highway
Patrol Officers to Dade County based on a ratio of Dade's population to
the State's population.
Fact: There is a perception sworn officers are used in clerical and
other off-street jobs and are not out protecting the people.
Action: Dade County has approximately 1.9 sworn officers per 1,000
population. Since this is below the national average for areas of
comparable size, it is irq)erative that every available officer be
visible on the streets. Every job within a police department should be
reviewed and staffed with qualified paraprofessionals or civilians
wherever possible.
Fact: Metro -Dade County and the municipalities are losing sworn
officers to other localities and are having difficulties
attracting qualified recruits.
Action: We are losing experienced sworn officers to other locales
and businesses. Among the major reasons for loss of personnel is
salaries. Police salaries should he in the top quartile of salaries in
comnunities of conl)arable size. Higher wages and job benefits will
encourage recruits of all ethnic backgrounds and may result in
recruiting persons with higher skills and education.
Fact: The present market in precious metals and jewelry provides a
ready and untraceable market for legal means of disposal of
these item by criminals.
Action: The State should enact legislation as proposed by Senator
Steinberg, S954, for registration of buyers and sellers and a waiting
period for the actual consummation of the transaction.
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Fact: The criminal courts are clogged with cases, resulting in
prosecutors not pressing for adjudication and judges
allowing plea bargaining to lower and manage the case loads.
Action: Metro -Dade County and the State must provide an adequate
number of judges to handle the caseload quickly and effectively.
Support personnel and facilities must be provided on a crash basis.
Fact: The State Attorney's office is understaffed.
Action: The average felony caseload per prosecutor should be no more
than per year. In Dade County the average is 400, Prosecutors'
salaries and benefits should he more competitive with private practice.
The State Attorney's staff of prosecutors must be increased to handle
the caseload. Support personnel and facilities nust be provided as well
on a crash basis. The State Attorney's office has asked for a budget of
$10,957,114, which we heartily support.
Fact: The Public Defender's office also is understaffed.
Action: Public defender salaries and benefits should be more
competitive with private practice. The Public Defender's staff should
be increased to handle the increased caseload. Support personnel and
facilities mist be provided as well in an expeditious manner. The
Public Defender's office has asked for a budget of $5.9 million which we
heartily support.
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Fact: The jails are overcrowded.
Action: Our citizens expect incarceration in response to certain
serious, dangerous criminal offenses. Metro -Dade County and the State
_ must institute an immediate and on -going program to build sufficient
jails and prisons to house convicted criminals. Construction of the new
State prison, the Metro -Dade Correctional and Training Center, and the
State forensic unit mist be expedited and additional units started
immediately. It is understood that existing facilities must be brought
up to standard and that additional facilities be provided with
sufficient staffing.
Fact: Unrehabilitated prisoners are released too early.
Action: Rehabilitation does not work as evidenced by the high
recidivism rate. The jails and prisons and support services must be
adequate to house criminals for their sentences with only the proven
rehibalitated persons released early. More effective law enforcement,
stronger prosecution -and stiffer sentencing will deter convicted
criminals from repeat offenses.
Fact: Probation violations are too numerous.
Action: Probation violations should be dealt with quickly and
effectively.
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JUVENILE JUSTICE
Fact: The juvenile justice system is not a deterrent for youthful
criminal repeaters who ultimately follow a career of crime.
Action: The leniency with which youthful offenders are treated must
cease. Where appropriate, they rmjst be dealt with in a firm manner so
they will not want to be apprehended again.
The Dade County Public Schools should enter into an "early warning"
program with the juvenile justice system to identify potential
offenders.
The Dade County Public Schools should institute an intensive program to
educate youth in the benefits of lawful behavior.
The [boys Club and other community organizations should institute pilot
programs to demonstrate or rrodel correct behavior.
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Due to the vast amounts of drugs irrl)orted to our shores, which results
in higher crime rates, mere demand on our criminal justice system and
disastrous effects on our econorty; we present a special section of this
paper on the, facts and recommendations dealing with
DRUG TRAFFICKING
I Fact: The Armed Forces know, th"rough radar and other detection
system, of the movement of international drug smugglers,
but are not authorized to aid law enforcement agencies.
Action: The Posse Comitatus Act should he ammended to enable all
armed services actively to obtain and share information regarding drug
trafficking into and within the United States with the appropriate
Federal, State and local drug enforcement agencies. The Chamber
supports the action of Senators Chiles and Nunn in this area.
iFact: Drug Traffickers do not receive appropriate penalities.
Action: Standards for sentences and high -cash fines should be
established as a strong deterrent to drug smuggling.
Fact: Pre- and post -trial bonds are set so low as to allow drug
traffickers to pay them with "pocket money" and disappear.
Action: Based on the street value of the drugs involved, standards
for pre- and post -trial bonds should he established and adhered to by
the judiciary to prevent; driig traffickers from merely using hail as a
cost of doing business and disappearing.
Fact: The inadequate staffs of the U.S. Attorney's office and the
Federal Judiciary are overworked with a resulting wait of 2
years or more before bringing accused criminals to trial.
Action: These staffs, including support personnel, mist be
increased. The U.S. Attorney has requested 26 additional attorneys plus
support staff, which we heartily support.
Fact: Federal, State and local drug enforcement agencies are not
always coordinated properly.
Action: Funds should be allocated to insure a coordinated effort on
a task force basis.
Fact: Drug traffickers "launder" their illicit money and invest it
in legitimate businesses.
Action: A Tax Reform Act must be passed, enabling the Internal
Revenue Service to use its audit powers to identify drug traffickers and
to insure that the Internal Revenue Service shares the information with
other drug enforcement agencies for the apprehension of drug
traffickers.
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Fact: Druq traffickers hide their money away in overseas bank
accounts.
Action: The United States should establish new treaties with
countries offering secret hank accounts to remove that secrecy for U.S.
citizens.
Fact: At the Federal level the apprehension and adjudication of
drug traffickers is viewed as a local police and judiciary
pr obl em.
Action: The importation of narcotics into the United States and
tTheir movement across state lines is a Federal offense. The
responsibility, therefore, of investigation, enforcement, prosecution
and incarceration in drug smjggling cases oust be moved from the local
and state jurisdiction to the Federal jurisdiction.
Fact: Drugs move into our shores by boat with impunity.
Action: • The Coast Guard presence in the 7 Primary Caribbean Sea
passages mist be increased to stop the flow of drugs closer to the
source.
Fact: it appears that top Federal officials are not aware of the
massive problem in South Florida and have not made a
commitment to solve it.
Act on: The Attorney General, Secretary of the Treasury and
Commissioner of the internal Revenue Service oust make a coohined
comnitrnent, and a public statement of that commitment, to winning this
battle against drag trafficking.
Fact: It appears that drug - producing nations are not interested
in stopping the exportation of drugs to the United States.
Action: The United States mist develop cooperative relationships
with the major drug - producing nations (Coloobia, Rolivia, etc.) in an
effort to control drriq ixportation into the United States, similar to
the agreement with Mexico,which in part calls for the spraying of a
herbicide to kill marijuana grown in Mexico.
Fact: It appears that some citizens know of alledged drug -related
activities, but don't know what to do with the information
or are afraid.
Action: A drug information telephone nurrber should be established to
give the citizenry an easy and anonymous way to inform drug
enforcement agencies of these activities.
Fact: Many young children do not know of the hazards of drug
usage.
Action: Education programs on the hazards of drug usage in the Dade
County Public Schools trust he evaluated, organized, and implemented for
maximim effectiveness.
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CONCLUSION
Fear is a debilitating emotion, and it has had its effect on Greater
Miami. If we are to return to the peace and prosperity we desire for
our corrmini ty the actions outlined in this paper must be implemented
immediately.
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Miami is in a crisis situation! We cannot wait for political
manuvering to begin. We must have., political leadership immediately --
or we face anarchy!
The actions recommended in this paper have been reviewed by
professionals in the criminal justice system, the business community and
concerned citizen groups.
This paper represents a comprehensive, community - endorsed action plan.
A plan that is needed NOW -- no, demanded NOW.
Our Washington Congressional delegation is aware of the severe problems
we face. They have endorsed many of these proposals.
The Governor has submitted a plan, encompassing many of these proposals,
to the Florida Legislature.
Metro -Dade County Commission has heard several of these proposals, as
has the City of Miami Commission.
But talking about any or all of these proposals will not solve the
problem. It takes leadership to put the plans into action.
It is our opinion that these recommended actions are not unique. The
public knows what has to be done, and demands them. If the political
leadership does not implement them immediately, the public will demand
them by petition. And we will endorse that petition drive, if
necessary.
Grenter fAiami Chamber of Commerce
METROPOLITAN DADE COUNTY FLCPICA
July 28, 1981
Chief Kenneth I. Harms
City of ftiami Police Denartment
400 N.W. 2 Avenue
Miami, Florida 3312P
OFFICE OF COUNTY MANAGER
911 COURTHOUSE
MIAMI• FLORIDA 33130
(305) 579-5311
F
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miattm'• F1J.f )�//i- U-0
GER1ED
Re: Criminal Jtlstice Facility t^aster Plan
Lear Chief Harms:
At its July 21 meetinn, the hoard of County Commissioners authorized the
County Manager to develop a Criminal Justice Facility Master Plan that
would be used in roriiunction with the "DecadP of DPvplonment" Pond
Proqram that is currently under study. In order to coordinate this
effort, the stafF of the Dade-'4iami Criminal Justice r.nunril, as well as
my office will he wnrkino closely with you. It is my ilndPrStandinn that
each of you has agreed to oarticinate on the Ad Hoc �xnclltiyQ Pnliry
-Committee for the dPyplonrnant of the Master Plan. Filrthermor?, Chipr
Judge Gerald Wetherinqton has agreed to chair the Committee ,and, imr+Ar
his direction, we anticipate the full development and comnletion of this
plan in time for it to he proarammed for the "[Decade of (level nnmont" bond
issue.
In order to begin this alanninq process as soon as nossible, I am
requestinq your attendance at the first meeting of the Ad Hoc Executive
Policy Committee which will take place_ on Monday, August 3, 19A1, at
10:00 a.m.. in the Chief Judge's office. 73 'Jest Flaaler Street. Room
635.
For your information, I an enclosing a list of the ConnhitteP membershin.
Sincerely,
11. P. Stier i0.im
Cou y Manager
Enclosure
l�
t T�
Ad-Iloc Executive Policy Committee
Chief Judge Gerald Wetherington
Non. Janet Reno
Hon. Bennett H, Bruinmer
Ikon. Richard Brinker
Dr. Joe Davis
Director Bobby Jones
Director Fred Crawford
Chief Kenneth I. Harms
Chief John A. Fletcher
Mr. Dewey W. Knight, Jr.
Mr. Ellis Pettigrew
Mr. Max Rothman
Mr. Reginald Walters
M,
TESTIMONY OF KENNETH I, HARMS
CHIEF OF POLICE
CITY OF MIAMI
BEFORE
THE DADE DELEGATION S CRIMINAL JUSTICE TASK FORCE
OCTOBER 22, 1981
114TRQDUCTORY REMARKS
REPRESENTATIVE REYNOLDS, DISTINGUISHED MEMBERS OF THE DADE
DELEGATIONS TASK FORCE, I APPRECIATE THIS OPPORTUNITY TO
DISCUSS WITH YOU THESE MOST IMPORTANT ISSUES AND I ALSO WANT
TO WELCOME EACH OF YOU TO THE MIAMI POLICE DEPARTMENT, YOUR
PRESENCE HERE TODAY IS EVIDENCE OF THE DELEGATION S COMMIT-
MENT TO LEGISLATIVE ACTION IN AREAS OF MUTUAL CONCERN$ I
SUPPORT YOUR EFFORTS AND HOPE THAT MY TESTIMONY BEFORE YOU
TODAY IS OF_ASSISTANCE'
I WILL NOW MAKE A BRIEF PRESENTATION IN THE AREAS OF BAIL RE-
FORM, THE EXCLUSIONARY RULE, NONUNANIMOUS JURIES, GUN MANAGE-
MENT, THE SARMIENTO CASE, PROBATION, AND THE DISTRIBUTION OF
STATE RESOURCES, UPON CONCLUSION, I WILL BE MOST HAPPY TO
RESPOND TO YOUR QUESTIONS .AND HEAR YOUR COMMENTS.
BAIL REFORM
THE DAIL SYSTEM FUNCTIONS IN AN ARBITRARY, DISCRIMINATORY, AND
CAPRICIOUS MANNER, BASED ALMOST SOLELY UPON THE DEFENDANT'S
ABILITY TO PAY AND WITH LITTLE OBJECTIVE CRITERIA TO DETERMINE
RELEASE PRACTICES AND WHETHER A PERSON IS TOO DANGEROUS TO SOCIETY
AND SHOULD BE DETAINED IN ORDER TO ESTABLISH A MORE EQUITABLE
SYSTEM, THE FOLLOWING TWO DISTINCT RECOMMENDATIONS ARE MADE
1. UNDER CHAPTER 648, THE STATE DELEGATES TO A NON —GOVERNMENTAL
OFFICIAL THE RESPONSIBILITY TO SEE THAT THE MANDATES OF THE COURT
ARE CARRIED OUT. UNFORTUNATELY, THE PRIVATE BAIL BOND SYSTEM
DOES NOT ADDRESS THE FUNDAMENTAL REASONS FOR SETTING BONDS, I.E.
PROTECTION OF THE PUBLIC SAFETY AND ASSURANCE OF APPEARANCE,
THEIR PRIMARY MOTIVATIO14S ARE MONETARY AND DISCRIMINATORY BASED
ON ECONOMIC FACTORS.
JUDGES WERE ELECTED TO MAKE PRETRIAL RELEASE DECISIONS, AND THEY ARE
ANSWERABLE TO THE PUBLIC FOR THAT REASON. THEREFORE, THEY MUST BE
AFFORDED THE MECHANISM TO ENFORCE BAIL DECISIONS THROUGH AN AGENCY
OF THE LOCAL GOVERNMENT DIRECTLY RESPONSIBLE TO THEM. CHAPTER 648
IS INADEQUATE AND I, THEREFORE, RECOMMEND THAT IT SHOULD BE REPLACED
BY A COURT —IMPOSED PUBLIC BAIL SYSTEM SIMILAR TO THOSE IN EXISTENCE
IN KENTUCKY, OREGON, AND ILLINOIS,
-2. IN REGARD TO CHAPTER 903, I RECOMMEND THAT THE LEGISLATURE ADOPT
THOSE REVISIONS BEING PROPOSED BY REPRESENTATIVE LEHTINEN WHICH WOULD
EXPAND THE EXISTING STATUTE TO INCLUDE AS A PURPOSE OF BAIL TO ofPRO—
TECT THE COMMUNITY AGAINST UNREASONABLE DANGER of AND CONSIDER THE
It NATURE AND PROBABILITY OF DANGER TO THE COMMUNITY" AS A CONDITION
OF RELEASE.
ANOTHER OPTION WHICH SHOULD $E CONSIDERED IS THE AMENDMENT TO THE
FLORIDA CONSTITUTION WHICH WOULD INCLUDE THE SAME PROVISIONS RE-
FERRED TO IN THE PROPOSED STATUTORY REVISIONS TO 903
I RELY ON THE POLITICAL EXPERTISE- OF THIS TASK FORCE AND THE DADE
DELEGATION TO CHOOSE THE MECHANISM WHICH WOULD BE MORE APPROPRIATE
IN EFFECTUATING THE REVISIONS TO CHAPTER 9036
THIS RULE, WHEREBY IMPORTANT EVIDENCE OBTAINED THROUGH UNAUTHORIZED
MEANS IS EXCLUDED FROM TRIAL, IS THE MAJOR LOOPHOLE THROUGH WHICH
HARDENED AND CAREER CRIMINALS ESCAPE PUNISHMENT, THE SCOPE OF -THE
EXCLUSIONARY RULE MUST BE REDUCED AND'GONFINED TO ONLY BAD FAITH
CON DUCT, CONDUCT MORE REPREHENSIBLE THAN THE CRIME AT TRIAL, THE
FEDERAL AND STATE COURTS MUST DEMONSTRATE A JUDICIAL BALANCE WHICH
PROVIDES FOR THE DETERMINATION OF GUILT OR INNOCENCE AS OUR PARA-
MOUNT OBJECTIVE.
IN ADDITION, TO ACHIEVE THE OBJECTIVE OF MY RECOMMENDATION, THE STATE
LEGISLATURE MUST ADOPT LEGISLATION WHICH ESTABLISHES A RULE THAT IS
MORE CONCERNED WITH THE RELEVANCY OF THE SEIZED EVIDENCE THAN WITH
HOW IT WAS SEIZED
PROTECTION OF INDIVIDUAL RIGHTS UNDER THE FOURTH AMENDMENT OF THE
U.S, CONSTITUTION WILL CONTINUE TO BE PROTECTED THROUGH THE UTILIZA-
TION OF CIVIL REMEDIES/PROCEEDINGS
` tMOARMuS-JAMY 4
14
A FUNDAMENTAL CONCEPT OF OUR AMERICAN DEMOCRATIC SYSTEM IS MAJORITY
RULE, HOWEVER, IN CRIMINAL TRIALS WE REQUIRE UNANIMOUS DECISIONS
OF GUILT THE QUESTION HAS BEEN PUT: "DO THE DEMANDS OF JUSTICE
IN A CRIMINAL TRIAL REQUIRE A PROCEDURE THAT EMPHATICALLY DENIES A
KEY PRINCIPLE OF DEMOCRATIC THEORY -- THE PRINCIPLE OF MAJORITY
RULE? IN OTHER WORDS, DOES JUSTICE REQUIRE THAT A SINGLE INDIVIDUAL
BE PERMITTED TO VETO THE WILL OF THE REST OF THE GROUP?"
WE SHOULD KEEP IN MIND THE FUNDAMENTAL PURPOSE SERVED BY A 12 MEMBER
JURY: EXCLUSION OF REASONABLE DOUBT AND FACT FINDING BY A DEFENDANT'S
PEERS, FIRST, A NONUNANIMOUS VERDICT DOES NOT, OF ITSELF, CONSTITUTE
REASONABLE DOUBT. SECOND, A NONUNANIMOUS VERDICT DOES NOT NEGATE THE
REQUIREMENT THAT JURY PANELS REFLECT A CROSS SECTION ON THE COMMUNITY$
OUR COURTS ARE PRESENTLY OVERBURDENED WITH CRIMINAL TRIALS -- TOO
MANY DEFENDANTS, TOO FEW STATE ATTORNEYS AND JUDGES. TWO EXPERTS
ON THE AMERICAN JURY SYSTEM, KALVERT AND ZIESEL, HAVE ESTIMATED THAT
ALTHOUGH HUNG JURIES COMPRISE ONLY 5% OF ALL JURIES, IF JURIES COULD
RETURN 10 TO 2 OR 11 TO 1 VERDICTS, HUNG JURIES WOULD DECREASE BY
42%.
I RECOMMEND AND SUPPORT LEGISLATION PROVIDING FOR NONUNANIMOUS JURY
VERDICTS IN NONCAPITAL FELONY CASES.
GUN MANAGEL'1ENT
LAST YEAR, PARALLELING THE REFUGEE INFLUX AND REFLECTING A NATIONWIDE
PHENOMENON, VIOLENT CRIME IN MIAMI INCREASED 68% OVER THE PREVIOUS
YEAR. THIS FIGURE IS MERELY A STATISTICAL REPRESENTATION OF THE
FEAR WHICH IS FELT BY MOST AMERICANS TODAY. AND FOR EACH CRIME THAT
CREATES THESE STATISTICS THERE IS A VICTIM WHOSE LIFE HAS BEEN ENDED,
PAINFULLY ALTERED OR TRAUMATICALLY AFFECTED, TOO OFTEN WHILE THE
MOTIVE MUST BE INVESTIGATED AND THE PERPETRATOR APPREHENDED, THE
TOOL OF VIOLENCE IS EASILY IDENTIFIED A HANDGUN. THE
STAGGERING RISE OF HANDGUN AVAILABILITY AND USE IN AMERICAN VIOLENCE
CALLS FOR THE FORMULATION AND IMPLEMENTATION OF LEGISLATION WHICH
MORE EFFECTIVELY HOLDS INDIVIDUALS ACCOUNTABLE FOR THE POSSESSION
AND USE OF HANDGUNS WHILE AT THE SAME TIME IMPOSING STRICT AND
SWIFT SANCTIONS AGAINST THOSE WHO ABUSE THE PRIVILEGE OF GUN OWNER-
SHIP.
El
lm ► o g:
'.j
THE FLORIDA SUPREME COURT DECISION IN THE SARMIENTO CASE REGARDING
INTERPRETATION OF SECTION 12, ARTICLE I, HAS SEVERELY RESTRICTED
-- THE BATTLE AGAINST NARCOTICS DEALERS -AND TRAFFICKERS. THIS DECISION
DOES NOT ALLOW THE INTRODUCTION OF RECORDED CONVERSATIONS INTO
r
EVIDENCE WHEN THE RECORDINGS WERE MADE BY USING AN ON —BODY RECORDING
DEVICE UNLESS A WARRANT HAS BEEN SECURED, THE MOBILITY OF DRUG
DEALERS IS SUCH THAT UNDERCOVER LAW ENFORCEMENT OFFICERS MUST CON—
STANTLY BE ON THE MOVE TO ENCOUNTER THE CRIMINALS AT VARIOUS LOCATIONS
THROUGHOUT THE STATE. THOUGH A WARRANT MAY HAVE BEEN ISSUED FOR THE
. BASE OF OPERATIONS, IT IS IMPOSSIBLE TO PREDICT WHEN AND WHERE THE
NEXT DRUG DEAL IS GOING TO OCCUR, AS THIS WAVE OF CRIMINALITY CON—
TINUES, OUR DEDICATED UNDERCOVER OFFICERS MUST ALSO RIDE WITH THE
CURRENT IN ORDER TO COMPLETE INVESTIGATIONS AND CARRY —OUT ARRESTS
AND.APPREHENSIONS.
THE INTERPRETATION OF THE FLORIDA CONSTITUTION HAS BEEN MORE RESTRIC—
TIVE THAN THAT OF THE U.S. CONSTITUTION. FEDERAL BUREAU OF INVESTIGATIOP
AGENTS AND OTHER FEDERAL OFFICERS ARE AFFORDED THE PROFESSIONAL LATITUDE
TO INVESTIGATE FEDERAL LAW VIOLATORS WITHOUT BEING ENCUMBERED BY RES—
TRICTIVE JUDICIAL INTERPRETATION.
THEREFORE, I FULLY SUPPORT LEGISLATIVE EFFORTS TO AMEND THE STATE
CONSTITUTION TO ALLOW LAW ENFORCEMENT AUTHORIZED ELECTRONIC INTERCEP—
TION OF CONVERSATIONS.
D-WRI .U110LO.FslATE RESOURCES
GREATER MIAMI IS A MAJOR COMMERCIAL, FINANCIAL AND TOURISM CENTER
OF FLORIDA AND CONTRIBUTES GREATLY TO THE OVERALL WEALTH ENJOYED
BY THIS STATE, HOWEVER, THIS AREA IS NOT RECEIVING AN EQUITABLE
SHARE OF ALL STATE RESOURCES. THE LEGISLATURE COULD ASSIST THE
J
GREATER MIAMI AREA IN ADDRESSING THE CRIME PROBLEM BY:
1. PROVIDING THE FLORIDA HIGHWAY PATROL WITH SUFFICIENT RESOURCES
TO ASSIGN TROOPERS ON A TASK FORCE BASIS AT THE MUNICIPAL LEVEL,
-SIMILAR TO THE EFFORT AUTHORIZED BY THE CABINET FROM JANUARY THROUGH
JUNE OF 1981, THEREBY FREEING UP MUNICIPAL/LOCAL LAW ENFORCEMENT
OFFICERS TO CONCENTRATE ON CRIMINAL ACTIVITIES.
2. ENACTING LEGISLATION WHICH WOULD CREATE A LOCAL LAW ENFORCEMENT
ASSISTANCE TRUST FUND AS PROPOSED BY REPRESENTATIVE HALL DURING THE
LAST LEGISLATIVE SESSION, I ENDORSE THE CONCEPT OF REPRESENTATIVE
HALL S PROPOSED REVISION TO CHAPTER 943 WHICH WOULD CREATE SUCH A
FUND UNDER THE ADMINISTRATION OF THE FLORIDA DEPARTMENT OF LAW EN-
FORCEMENT, HOWEVER, I WOULD DELETE SECTION 1, SUBSECTION 3, WHICH
RESTRICTS THE USAGE OF SAID FUNDS FOR COMBATTING ONLY PART I CRIMES
AND WHICH PROHIBITS THE FUNDING OF EXISTING PROGRAMS OR POSITIONS.
:..PJMA110
THE CRIMINAL JUSTICE SYSTEM IS SIMPLY NOT PERFORMING THE TASKS OF
DETERRING CRIMINAL ACTIVITY AMONG RECIDIVISTS I REALIZE THAT
WE ALL HAVE HEARD THE TERM "RECIDIVIST" USED TIME AND TIME AGAIN.
BUT THE ABUSES WE FIND IN THE AREA OF PROBATION CAN BE SOMEWHAT
CORRECTED BY A STATUTORY CHANGE.' SENATOR HILL AND REPRESENTATIVE
LEHTINEN RECOMMENDED CHANGES IN THE GUIDELINES FOR PROBATION
DURING THE LAST LEGISLATIVE SESSION WHICH WOULD HAVE REQUIRED
DENYING OF PROBATION TO ANY OFFENDER CONVICTED OF A SUBSEQUENT
FELONY WHILE ON PROBATIONARY STATUS, HOWEVER, DUE TO THE PROJECTED
FISCAL IMPACT ASSOCIATED WITH THE CONFINEMENT OF THESE INDIVIDUALS,
THIS CHANGE WAS NOT FINANCIALLY FEASIBLE, NOR IS IT TODAY,
THEREFORE, A STATUTORY CHANGE IS NOW BEING PROPOSED WHEREBY ONLY
1ST AND 2ND DEGREE FELONS WHO ARE SUBSEQUENTLY CONVICTED FOR
COMMITTING ADDITIONAL 1ST OR 2ND DEGREE FELONIES WHILE ON PROBATION,
WOULD BE DENIED PROBATION. I SUPPORT THIS PROPOSED CHANGE TO THE
PROBATION PROCEDURES$
W04Ili I IINk►.1'.
t his-1 of Police
FEB 2 G 1"1i
On Thursday, February 12, 1981, I had the opportunity to appear before a committee
of Dade County legislators, chaired by Senator John Hill. This committee was
addressing our criminal justice system, more specifically, juvenile justice.
Anticipating my appearance before the committee I had prepared brief statements
outlining my thoughts and recommendations on some areas of immediate concern to
me. Upon my arrival at- the meeting chambers, I was presented with several
questions from the committee. Initially having to respond to the prepared questions
I was without sufficient time to present my views on all of the topics I had originally
intended to discuss.
I will begin by more formally responding to some of the prepared questions that were
presented to me. As an appendix are the questions, reprinted verbatim. As I did in
front of the committee, I shall respond to questions number one and five in my
prepared comments. As to questions number two, three, and four, the following are
my responses.
Question number two is answered with a qualified yes. I have no objections to the
use of affidavits in simple arrest situations. My concern centers on the probability
of confusion whenever attorneys can argue over facts without an opportunity for
clarification or explanation by an officer.
Question number three is answered as a necessary yes. The storage of evidence is an
ever increasing problem to the Miami Police Department, especially with large bulk
items such as marijuana. Perhaps a random sampling technique should be utilized.
This would insure that all of the seized bulk was contraband while drastically
reducing the physical storage requirements.
Question number four presents a frustrating dimension of our criminal justice
system. It is in part a result of apprehension by prospective witnesses towards a
complicated system. I propose the formation of a witness coordinating office, which
would in effect "walk witnesses through" our confusing system of justice. If the
impersonality, the confusion, the fear, the apprehension were reduced or eliminated
from the present routine I believe many more citizens would cooperate with law
enforcement.
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1 r' ilu I f11r'I'I'II' I I'r1 114IXf1U.' '•'�.•nu II•nu1a111111:ii11.14'9.r•�,ti5 rouct
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I will now present the text of the prepared portion of what I had anticipated would
be my presentation to the committees
I appreciate this opportunity to meet with and discuss with you some areas of
concern I have as chief law enforcement officer of the City of Miami. I hope that a
public forum allowing direct access of concerned citizens and public officials to
their elected officials will promote effective response to identified needs.
My particular experience and responsibility is in law enforcement. Most
dishearteningly, over the past few years I have noticed a steadily decreasing
effectiveness of our criminal justice system. Today, let me share with you very
briefly some of what I consider are the more pressing needs currently impacting
upon law enforcement in our community.
Repeat Offenders
The criminal justice system is simply not performing the tasks of deterring criminal
activity among recidivists. I realize that we all have heard the term "recidivist"
used time and again, probably to the point of saturation. But, let's take a look at
some facts.
A Miami Police Department task force, from April 13, 1980 to February 7, 1981?
arrested a total of 475 persons. These 475 persons were charged with 283 felonies
and 456 misdemeanors. These same 475 persons had a verifiable arrest history of
31678 arrests (19947 felonies, 19731 misdemeanors). Keep in mind that these prior
31678 arrests were only those we could verify --many of these persons were refugees
or transients who obviously had prior arrests we could not verify.
Miami Police Department figures vividly illustrate a lack of responsiveness of the
criminal justice system to cope with and deter repeat offenders. All aspects of the
system require review and overhaul, consistent with the intention of protecting
society and punishing crime.
Some suggested problem areas with proposed limited solutions are included among
the concerns I will be raising.
Jails
Inmates are not effectively rehabilitated nor punished. Overcrowding and sterile
conditions foster antisocial behavior. As Chief Justice Burger recently said: "Our
system encourages prisoners to continue warfare with society." It is generally
accepted that present penal institutions offer those inmates who seek it, advanced
courses in criminal techniques. Very few who enter prison leave it to return to
society as a productive, law-abiding member. In fact, present prison conditions and
techniques provide society with more hardened, more experienced, more
sophisticated individuals, with criminal intentions.
0 6
-3-
I recommend that we reevaluate the basic concepts of criminal incarceration. We
need to ask ourselvess What is the purpose of incarcerating a person because he has
committed a crime? We should not be afraid to punish wrongdoing or wrongdoers -we
should not recoil from the concept of punishment for criminals. Prison should be a
punitive establishment —functioning in a humane fashion. Individual inmates should
be imbued with respect for human decency by being exposed to it through acceptable
living and social standards. However, individual inmates must be made aware that a
basic tenet of organized society is that punishment follows as a certainty from the
commission of an antisocial act.
As for first offenders or other individuals who do not indicate a propensity towards a
life of crime, effective rehabilitative techniques should be applied. I strongly
believe that rehabilitation for qualified inmates is an essential corallary of any
revised penal system.
Nonunanimous Jury
A fundamental concept of our American Democratic system is majority rule.
However, in criminal trials we require unanimous decisions of guilt. The question
has been put: "Do the demands of justice in a criminal trial require a procedure that
emphatically denies a key principle of democratic theory --the principle of majority
rule? In other words, does justice require that a single individual be permitted to
veto the will of the rest of the group?"
We know that the only specific reference by the Constituion to a numerical jury
factor is a 2/3 majority of the Senate to convict on impeachment. Obviously, this
pertains to a political process.
We also know that as of this date, the United States Supreme Court has held
nonunamimous 12 member juries not unconstitutional in noncapital cases (Apodaca v.
Oregon 92 S. Ct. 1628 (1972) ). The United States Supreme Court has held over the
past nine years that criminal juries must consist of at least six members , and if they
consist of six members the verdicts must be unanimous. However, a 10 member
majority of a 12 member jury was held to be constitutional in the Apodaca case.
We should keep in mind the fundamental purposes served by a 12 member jury:
exclusion of reasonable doubt and fact finding by a defendant's peers. First, a
nonunanimous verdict does not, of itself, constitute reasonable doubt. Second, a
nonunanimous verdict does not negate the requirement that jury panels reflect a
cross section of the community.
Our courts are presently overburdened with criminal trials —too many defendants,
too few state attorneys and judges. Two experts on the American jury system,
Kalvert and Zeisel, have estimated that although hung juries comprise only 5% of all
juries, if juries could return 10 to 2 or 11 to 1 verdicts, hung juries would decrease
by 42%.
% 1 0
-4-
I recommend and support legislation providing for nonunanimous jury verdicts in
noncapital felony cases.
Evidence
Chief Justice Burger in a a speech before the American Bar Association on February
89 1981, stated: "Our search for justice must not be twisted into an endless quest for
technical errors, unrelated to guilt or innocence." I am convinced that a
progressively strict construction and application of the "exclusionary rule", although
well intentioned, has thwarted effective law enforcement.
Being cognizant of the evils that the exclusionary rule sought to avoid --potential
illegal unconstitutional activities by police --I believe the current evidentiary rules
have created an even more insidious evil. How often are we faced with a criminal
defendant who escapes prosecution because of some or all of the evidence seized
bearing upon the crime being suppressed. Generally, the reason for the suppression
is that the seizure occurred under circumstances creating a factual pattern which, if
applied to a law-abiding citizen would offend articuable constitutional precepts.
Unfortunately, the fact of the matter is all too often that the criminal defendant
was not a law-abiding citizen, but was a criminal engaged in demonstrable criminal
activity who simply got caught.
The problem created by this theory of justice is multifaceted. First, the criminal
elements of our society either know or believe that law enforcement agencies must
follow rigid legal guidelines in conducting surveillances and searches. Since many of
these people have previously "beat the system" so to speak, their already low regard
for the law and its potential adverse effects upon them is lessened. Anything that
lessens the potential detriment to committing a crime increases the likelihood that
the crime will be committed. The exclusionary rule gives a criminal confidence that
if a search was not conducted in a technically correct fashion, the evidence will be
thrown out of court, and most likely, so will he.
Second, the exclusionary rule as currently articulated by the courts has created a
sense of despair among law-abiding citizens. How often do we hear people say in
disgust that so and so's lawyer got him off on a "technicality". I would suggest to
you that as an ever-increasing trend people have steadily been losing faith in the
criminal justice system which is supposed to protect them --not from police but from
criminals.
I recommend an amelioration of the present "exclusionary rule" to reflect a greater
need by society to have convictions of criminals rather than to give* criminals
technical loopholes to avoid prosecution. What I am suggesting is that the courts
become more concerned with the relevancy of the seized evidence at the criminal
proceeding, rather than how it was seized. Individuals could be adequately protected
as to transgressions of their constitutional rights by civil actions. I can assure you
that police officers are generally more concerned about being sued for money than
they are about having evidence suppressed.
-5-
This fundamental change in philosophy would not be unique to our legal system.
Great Britain has utilized a theory placing the emphasis on relevancy as a primary
consideration for admissability. Breaches of civil rights occurring during the seizure
can then be dealt with in civil actions.
This theory of justice recognizes both the right of society to have truly guilty
criminals properly prosecuted, while protecting people from the illegal acts of
overzealous police.
Firearms
Miami experienced 244 homicides in the calendar year 1980. As of today there have
already been 31 homicides in Miami --that is 31 deaths in 43 days. A majority of
these unfortunate incidents were results of gunshots. Let me give you the statistics
for 1980: of the 244 homicides 59.9% were accomplished with handguns, 2.6% with
shotguns, and 2.2% with rifles. Nearly every day in any section of our community, a
person is killed or threatened by a firearm. There clearly is a trend of increasing
fatal use of firearms in our community.
The City of Miami provides by ordinance for the registration of all gun sales through
gun dealers. This in no way controls a vast majority of firearms presently privately
owned. State statutes clearly proscribe with criminal sanctions the concealed
carrying of a firearm, or the indiscriminate use or display of a firearm. However,
the registration requirements are extremely vague and criteria for individual county
compliance nonexistent.
Indiscriminent ownership of firearms has led to indiscriminate usage. The impact of
such indiscriminent usage upon society, both as a whole and individually, has been a
staggering toll of human misery and loss.
I propose a uniform, statewide, county -by -county gun registration and permit
requirement for all firearms. The time has simply arrived within our community for
such legislation. Together with this registration requirement there must be
relatively severe sanctions for non -compliance --I suggest this to include forfeiture
of the firearm.
There must also be a uniform statewide "waiting period" for original purchases from
dealers. Today, a person may simply go to the next county to instantly gain
possession of a purchased firearm.
Although these registration and permit requirements may not remove all firearms
from the criminal element, it could certainly reduce the number of unregistered
firearms. This could lead to more effective investigation of firearm -related crimes.
-6-
Precious Metal
Hundreds of times per month, throught this county, homes are burglarized, personal
belongings rummaged through, pieces of jewelry (oftentimes with little more than
sentimental value) are stolen. All too often these items are lost forever to their
owners, despite diligent law enforcement efforts.
One reason for the ever-increasing incidence of these types of crimes is that this
type of crime pays. It pays relatively well, and it pays relatively easily. There
presently are too few safeguards for protecting legitimate ownership rights in used
or secondhand jewelry. Those safeguards that do exist are not effective enough.
I support proposed legislation by Senator Steinberg (SB 54). This bill amends
F'.S. 812 to provide a holding period for secondhand gold, silver, and platinum. It
further provides a record-ke�iping requirement for dealers in these items. We
propose that such record -keeping be uniform on state supplied forms. This will
effectuate a more accurate and orderly transfer of information between law
enforcement agencies as well as assuring that the proper information is received.
They bill also proposys inuteased cr`'.etia of identification from sellers of
secondhand precio►►s metals. 'These inO1,ie name, address, date of birth, sex, race,
together with %omn identification containing a number. We also propose a
requirement of photographing all sellers of secondhand jewelry, similar to
commonly used check cashing techniques. This identification technique would
repr•�sernt a nominal bitr►0on upon legitimate sellers, while creating a chilling
effect upon illegitimate transactions.
St. Louis has apparently utilized this technique. When challenged in court, St.
Louis v. Liberman, 547 S.W. Zd 45Z (Mo. S. Ct. 1977), the photography requirement
was upheld. United States Supreme court denied certiorari.
T)iJI
Opvraticm of motor vOtivIvs i,y intoxicated persons is a persistent problem. Adding
to this social cdilemnia are impractical law enforcement tools. For example: many
persons who clearly are intoxicated by all reasonable, objective standards, have a
zero reading on the breathalyzer. They are not intoxicated on alcoholic beverages.
However, the medical examiners of Dade and Broward Counties have indicated a
high incidence of methadualone (quaalude) use by examinees.
Currently, statutes dealing with intoxicated operation of motor vehicles refer to
alcoholic beverages. The implied consent provision, F.S. 322.261 for instance,
specifically refers only to alcoholic beverages. Further, the sanctions currently
imposed have apparently been an insufficient detriment to this menacing problem.
I propose review of all statutes applicable to the operation of a motor vehicle while
intoxicated to include references to "controlled substance". We support an increase
in the penalty for refusal to Submit to a chemical test from the current three
month loss of liconsp to a six month lass. We support creation of a 1st. degree
misdemeanor offense• for failure to submit to a chemical test when there has been a
death or serious bodily in.jnry.
?,;
-7-
The accepted techniques of breathalyzer and blood samples should be expanded to
include urine samples. As a practical measure, licensed paramedics should be
authorized to administer these tests, including the drawing of the blood sample.
Finally, we support the admissability of all chemical test results from DUI
circumstances, in civil actions. This last proposal places an additional legal and
moral detriment upon the crime of driving while intoxicated.
Uniform Sentencing
Our present system allows and promotes often startingly disparate criminal
sentences. Literally, the luck of the draw by a criminal defendant may mean a
drastically less severe sentence than a similarly situated defendant in another
courtroom. Keep in mind that this works both ways, and there are instances of
grossly harsh sentences, given the mean sentence for the offense.
I support legislation for uniform sentencing. We do not want to completely remove
all judicial discrimination —perhaps reasonable and just parameters so that the
current instances of disparate sentences would be eliminated.
Federal Management
Recent influx of refugees, both economic and political, as well as the ever-
increasing traffic in drugs has inundated local authorities. Literally, Miami has
become a local municipality, funded accordingly, which finds itself dealing with
problems of a national and international magnitude. This circumstance is patently
unfair to those taxpayers who have a right to anticipate a certain level of municipal
government service. It is also unfair to those obligated to provide that service.
Through the past few years, the Miami Police Department has found itself without
cooperation from federal agencies or authorities in dealing with issues clearly of a
national character. As an example, Miami was recently the recipient of some
100,000 plus Cuban and Haitian refugees —many of the Mariel refugees were prior
prison or insane asylum inmates. Many of these people simply took up their prior
trades of criminality. Despite repeated assurances of federal cooperation to
alleviate the problems associated with his human tragedy, the municipal agencies
had to cope as best they could for the better part of a year. I do not want to see
this community go through a similar experience again.
This delegation should make known the concerns of this community to the federal
government. Refugees are not a local problem --the Immigration and Naturalization
Service should be directed to take a more affirmative role in managing refugees.
-8-
Drug trafficking with its concurrent financial and social disruptions is at the least a
nationally significant issue. More drug enforcement and other federal officers
should be permanently assigned to Dade County. Local law enforcement should not
be made to cope with an ever-increasing international drug problem without ever-
increasing federal resources.
State Resources
As a concurrent effect of the aforementioned refugee and drug problem impact upon
this community, local law enforcement resources were simply inadequate. As a
temporary emergency measure, certain Florida Highway Patrol personnel were
assigned to handle traffic.law enforcement in Dade County, including the City of
Miami. Although this temporary assistance is appreciated, by its temporary nature
it is not sufficient.
Florida Highway Patrol personnel should be assigned to geographic locations
according to population -induced demands. This would help to insure that critical law
enforcement personnel and services are not jeopardized on a routine basis due to
local municipal financial constraints. In other words, the City of Miami, with a
census population of 350,000 plus, but in reality a weekday population of some
650,000 will not be required as a course of business to inordinately burden its limited
law enforcement resources.
This concept of population based state resource allocation should also extend to an
equitable distribution of financial resources. Miami is a commercial, financial, and
tourist center of Florida. Miami contributes greatly to the overall wealth enjoyed
by this state. Miami should have an equitable share of all state resources.
Thank you for your consideration. Especially in my capacity as Chief of Police, it is
easy for me to understand how often people simply point out problems and offer
quick, sure solutions to officials so long as someone else has to effect the remedy.
Be assured that the Miami Police Department, myself and my staff will assist this
delegation in clarifying or implementing any law enforcement related legislation
that may result from my expressed concerns. (end of text)
I would appreciate your sharing with me any reactions, observations, or opinions you
may have bearing upon the foregoing.
Sincerely,
e.,.t .9. �k"
Kenneth L Harms
Chief of Police
1 �
IR • i ��
APPENDIX
r
CHIEF HARMS
1. The problem of many cases being dropped or dismissed by judges because of
"illegal searches" is of great concern. I have read of cases where a person was
stopped for a traffic offense and the officer found weapons, stolen property and
drugs and the case was dismissed because of illegal search. Can you explain this?
2. The time the courts require of a police officer to testify is time that the police
officer is off the street. In some cases do you feel that an affidavit by the officer
would be acceptable in lieu of court appearance?
3. The storage of evidence is apparently a problem especially in the case of a bulk
item such as marijuana. Do you agree that you should be allowed to keep a sample
of the evidence and destroy the rest as a standard procedure?
4. In many cases of crimes including serious crimes, charges are dismissed due to
the failure of witnesses testifying. Do you have any ideas to solve this problem?
S. What else do you think can be done to solve our crime problem?
46
CUBANMAITIAN COST REIMBURSEMENT PACKAGE:
THE COURTS OF THE ELEVENTH JUDICIAL CIRCUIT
J
J •
IMPLEMENTING AGENCY:
THE OFFICE OF THE CLERK,
ELEVENTH JUDICIAL CIRCUIT
TYPE COSTS: A, APRIL 1, 1980 - JANUARY 31, 1981
Prepared By: M. David McGriff
Administrative Officer
CJIS Coordination Project
Standard Condition
I certify that this agency has not nor does not intend to apply for any other
federal funds to defray Cuban/Haitian Entrant expenses applied for within
this application.
Elt'is D. Pettigrew
Court Executive Officer
Administrative Office of the Courts
Eleventh Judicial Circuit
I
William A. Stoilott
Chief Deputy Clerk
Circuit and County Courts
Eleventh Judicial Circuit
1'I:IlCllf\4 fW.7t.7tN11:t�L-
1;Owl
PFIF.APPLICAlION
nr AC T tor.�� APPLICATION
(hfJA' ,.p• (-)No rIFICA•rlotJ OF iNTEi4T 1010.1
pV° ate U nCPOR T OF rEDEIIAL ACTION
Gat)
CAN VS At•rr.ru..-
_ _. __ IDE b. DATE Year month day
CATION 19
Yrarrnonth day FIER 'S-P ASSIGIJED 19
l.r.rve • ._
blank
4. LF-GAL APPLICANT/nECiPiENT
a. Applicant Name
b. Organization Unit
• C. Street/P.O. Box
d. city
1. State
: Metropolitan Dade County
: The Office of the Clerk, Room 135
: Dade County Courthouse,73 W.Flagler
. Miami
!. County
: Florida g. zip code
h. Contact Person Warne M, David McGri f f
R telephone No.) _
7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT
Dade
33130.
547-4816
Cost Reimbursement: The Processing of Cuban/Haitian
Entrants Through the Courts of the Eleventh Judicial
Circuit
10. AnEA OF PROJECT IMPACT (Names of cities. counties, it. ESTIMATED NUM -
states, etc.) flL'R OF PEr'ISONS
111:14EF111':G
Metropolitan Dade County _ _ _800,000
13. MOPOS_EU FUNDING 14. CONG_iIIISSIONAL DISTRICTS OF: _
1 a FEt)[:F1AL S1s�cL�00 a. APPLICANT b. PROJECT
APi'LICQN7.- 00 13th 13, 14, 15 _
tc. STATE - - .00 16.1110JECT START 17.-f`iiOJECT
--+ DAIE Yrrrgl �(irlay U (RATIO':
•(Ic_ _ 1;1-- / I,�tSU `_. 2=_P1Pn►hs
c. O[I IER �I .00 10. ES rI1.'ATED DATE TO Yeortit o::.'i day
(iE SUBMITTED TO
1
i. TOTAL S 251 209 .OU!al FEDERAL AGENCY 19 4/27/81
S. FEDERAL EMPLOYER IDENTIFICATION NO.
pho. a. NUMBER I ( 1 • 1 ( ]
GRAM b. TITLE
/From Cuban/Haitian Entrants
Federal
atalog ) and Safety Program
6 TYF,E 6- APPLICAttIT/RECIPIEN•r
A -Store II -Community Action Agency
0-Interstale 1-14igher Educational Institution
C-Substate J-Indian Tribe
District K-Other (Speeily):
D-County
E-City
F-Schonl District
G-SaeciatPurpose Enteropprop►iateletter
District
9. TYPE OF ASSISTANCE D-Insurance
A -flask Grant E-•Other
U-Supplemental Grant Enter appro•
C-Loan priate /etter(s)
12. 1 YPE OF APPLICATION
A-Nrvr C-Revision E-Augmenlation
R-Rencwol D-Continuation
Enter appropriate letter ttst
15, TYPE 01: CHANGE (for 12e or 1201
A -Increase Do4ars F-Other (Speci/y):
tt-Decrease Dollars
C-Incren•e Duration
U-Decrease Duration
F.-Cancellation Enter apprn-
pridte let rerld
19. EXISTIWG FEOEIIAL IULNTIFICAi'ION NUtti4t3En
20. F .UCf1AL AGENCY RECEIVE f1EOUEST 114anie. City, Stato, ZIPcode) Tallahassee,
ifureau of criminal Justice Assistance Florida 32301 J�
21. REMARKS ADDED
OYet. ❑IJo
Ta. Yo tl:e Irast of my Iknov.tecloi and b. 11 required by Cf.10 Circular A•95 this application
was submitted. Ato re- Respons%
0
??. Gelicl, Bats in this pruapplication/ pursuant to instructions therein, to appropriate clearinghouses and all sponse attached
U
1 f IE ! application are true nod corroct, the responses are atlacltrd:
❑ �
IL
APPLICANT document has t> li duty authorised 11i South Florida Regional Planning
• by the governing body of the apali• 9
Council
�
s-
cc
CEIATIrIES cant and lhn ah:rlicanl -rill tom -Ply 12► Metro -Dade Planning Department
❑
w
TNAT with tho nttodrnd assurances Is the
❑
essistancn is rpprovnd.-_-
`�
23, a. TYPED iJAME AND TITLE b. SIGNAI UI1E
c. DATE SIGNED
CEFITIFYI14G
Ycarmonsh day
o
ftff;tE M. R. Stierheim
19
u
i SLNiATIVE
-on
-1
?4, AGENCY NAMET57
ytPPLFCl�- Ycarmsh d►y
I
FIECEIVEO
T_
O
v
_ _ _ �____-- --•-- -- - -- -- -- ._ ___ _.
F2G. OFiGAt�11ZAT1UNAL UNIT 27. ADMINISTfiATIVE OFFICE^
._..19
20. FGU:F1Al. APPLIGAT101J
IDENTIFICATION
�t
'
�--•---•_-.... ._._..____.. _-,_ ---- --__. _._._-_-•
30. FEUL•nAL GilANT
u
29. AUDnESs
IUENTIF (CATION
u
Q
3i. ACTION TAKEN]-32. FUNDING Year in onth dily
_ _
34. Ycarmonsh day
STAtiTING
-'
dK3
t
a. 1•r:DERAL S 00 33. ACTION DATE 10
a. ANAIlUED ----....-_.....- _ �__ --...-.._... ... _..
DATE 10
_ ... ..._.... __�
---
is APPLICANT __. __ 00 35. CONTACT r6n ADDITIONAL Tf FORM4
3G. Ycarmonlh day
ENDING
pb.ftr:JECTEO
�- - .-- ' 00 TION (nurse end telephonn number)
0
Oc. nrTl111tJEU rUFir.__STA __ .-
DATE _ 19-
1
AMENDh1FtJr 'd. 1.UCAL .00
+_
37. iiFJAARKS AODEU
`
Ud.DEFC(IRLD tc. OT11011 .00
Q yes p no
oUc.%7ITltonA%VN
_
11. TOTAL S •00-._...,_ ______ _.._...___....._.._
---.--•.-- _....... ..._..
U
a. In takingshoveLction, any corntncnta received front clearing• b, r EDr.11AL AGENCY
A•95 OFFICIAL
9-1
139.
t EOrFiAI. AGENCY I hou:�:s wean cuusideird. 11 a,tjcncy response is due under previsions (N,rrnr and telephone nrr.)
• r r 1rN I r r ., 1 n►.in rrrr.rLn A 11ri. it has bccn ar is being snide.
1 r •
APPLICA-I`1011 FOR CUIIAII/11AITiAfl ENT t4T5
SECURITY AND SAI E: IY PROGRAM
state or rl o►-ida
Dept, of Veteran & Community Affairs
Division of PUblic Safety Planning
& Assistance
---Bureau of Criminal Justice Assistance
530 Carlton Building
Tallahassee, FL 32301
J
Period of Reimbursement Request:
April 1, 1980 January 31, 1981
Amount of Aid Requested:
$251,Qb9
State Agency or W-cal
Uni.t. of Covenunent:.
Metropolitan Dade County
M. R. Stierheim, County Manager
Dade County Courthouse Room 900
73 West Flagler Street
Miami, Florida 33130
v
Ingle: u- i l ing Agency:
Richard P. Brinker, Clerk
Circuit and County Courts
Dade County Courthouse
Room .135
73 West Flagler Street
Miami, Florida 33130
-Brief Project Summary:
Subgrant No.:
Date Received:'
Type of Reimb: Type A Costs
A -Apr 1 ,1 980-:-Jan 31 ,1981
B-Feb. l ,, 1 9E11-Sept,3Ot 1981
C-Iteiiova O on of Old Miami Jail
Chief ):inaiicial Officer:
W. 11. Erickson, Controller
Dade County Finance Department
Dade County Courthouse,Room 1709
73 W. Flagler Street
Mimai, Florida 33130
E;ic1nature,ll'.; Ue & Phone tab.
Project Di rec t.or. :
M. David McGriff
Administrati. a Officer
C.11.I.S. Coordination Project
Room #707, Met Justice B dg.
Fliamyn Flori 3 I
signature and 'lron 3. 47-4816
This "project" is intended to formulate a package of reimbursement costs associated
with the processing of Cuban/11aitian entrants through the Dade County criminal
justice system, from the perspective of the Courts, for the time period April 1,
1980 through January 31, 1981. The Courts in this package refers to the Office
of the Clerk and Judicial Support Administration for the Eleventh Judicial Circuit
for four criminal court types: felony, misdemeanor, traffic, and juvenile.
+Grfef statement of the Prot) len):
the influx of Cuban/Haitian entrants into Dade County has severely strained the resources
of the Courts in the Eleventh Judicial Circuit. This impact is reflected in the increase
in felony case filings, Clerk's office overtime increases, increased personnel positions,
and the necessity for a new 13th Criminal Court division. These figures can quantita-
tively estimate the implied impact of the entrants on the Courts. In combination with
the cost study of the actual identified entrants processed by the Courts, however, the
total financial impact occasioned by the new arrivals becomes much more concrete.
Although the l,,r146 identified refugees (sincg $g ember. 198(.processed during this
time period did notresu(t iin massive additinnarpersonnel hiring, the large influx of
defendants did result in a substantial reassignment of personnel into the case process- '
ing functions and an exponential increase in overtime costs as compared to the same time.
period the.year before.
Bud-getSummary:
Dosannel
$ 55,233
1'rolcssional (lncluding Contactual and Consultant) S^rviccs 54,075
0,000
C(I'lipment 0,000
Construction 0,000
Other Operating Expenscs 141,901
TOTAL cosTs i—$251,209
Type A:' April 1 1980 - January 31, 1981 - --� CierK's ua':ice 'OS--;
A
Title of -Position
And Position Number
New
Pudgated
Position
@-518.86/
Overtire
0t'her
Personal'
Services
Zinolover
mz! t-CIIIng .
S . S . &
i
Retire.,_Etc.
$2,038.14
Criminal Courtroom
Specialist I (2)
bi-weekly
Oct.1,1980 - Jan.31,1981
8 pay periods
.($8,301.76)
B
Court Records
@ 425.52/
.$2,713.14
Specialist I (3)
bi-weekly
Oct.1,1980 - Jan.31,1981
8 pay periods
($10,212.48)
C
Court Records
@ 425.52/
$1,147.49.
Specialist I (5)
bi-weekly
Jan.1,1981 - Jan.31,1981
2 pay periods
($4,255.20)
D
Criminal Division,
Difference
Office of the Clerk ,
between 1980
and 1979
Oct., 1980
Nov., 1980
Dec., 1980
Jan., 1981
To t-a
PayroI
Costs
$10,340
$T2,926
$5,403
$4,068
$$4,443
$2 ,487
$2,583
aaza� _
$42,25G
Type A: April 1, 1980.- January 31, 1981, PEPSONNEL COSTS
Other
Title of Position Budg—aced Personal
And Position Nurzber Position Overtime services
Bailiff (1) @ 408.75/
Nov. 15,1980 JanA1,1981 bi-weekly
5 pay periods
2 043.75)
Judicial Support 380 hours
Specialist 11 (9) @ 9.00/hour
j April 1, 1980 - Jan.31,198 53,420
(approximate
JudiciaI Support 184 hours @
Administrator 11 (1) S10.76/hour
Dec.1,1980 - Dec.31,1980 (51979.65)
Judicial Support 280 hours @
56.O6/hr.=Sl696.8C
Specialist 11 (1)
Dec.1,1980 - Jan.31,1981 80 hours @
56.36/hr.=$508.80
($2205.60)
County Court
Lodging.and food @
S84.00/Judge
Judae (3)
(S252.00)
i. Legal Secretary
For Judicial Support
138.5 hours @
{Temporary)
S11.30/hour
(1565.05)
judiciat Support Costs
W.Inplover
.—Matching
S. S. &
t
Rcti:C-, Etc-
$ 554.T7
@ approximately 23.
(S455.32)
@ approximately 23'-
($507.49)
Total
Pav ro 11
Costs
$ 2,598
3,420
$ 2,435
$2,713
$ 252
$1 565 019
$IZ,983
Tout
Type A: April 1, 1980 - Jan. 31, 1981 PROFESSIONAL SERVICE'S Judicial Support
Irsti-mated Cost and
-on tractor an .• Easis for Estimate � Total
f Service
Na..uLe o� (Rate Per ::our,
t
The Forensic Unit of Jackson Memorial Hospital - Court @ 5.150 per defendant $15,000
ordered psychological evaluations for Cuban/Haitian .(standard rate) 100 defend-
entrants ants
30 Specially Appointed Public Defenders - Costs to !At minimum cost, 51,500 per $39,075
Judicial Support Administration !defendant: 26.05 defendants =
$39,075.00
((Minimum cost assumes the low-
est category: a non -life,
!' non -capital felony)
i
I 14
I 11
• $54,075
F
------------
z.. _-`-'
Court Costs Clerk and judicial Sup_P
Type
A: April 1, 1980 -
Jan. 31, 1981
Alternate Estimate
Actual Cost and
Total
Basis for CostItem$47,520
198
Juvenilesg
t
costs
casts
@ $240/child$66,720
@ $126.91/defendant$22,037
527
Felony Defeng
costs
@ $117.20/defendant
$ 6,224
188
Misdemeanantg
casts
@ y26.04/defendant
239
Traffic Caseg
random
sample correlational study
a
VV Tote.
$141,901
-t,
STATE OF Fl.0111DA
Dr•I'Alt TMENT OF COWAUNITY AFFAIIts x
bIVISlo.l OF PUnLIC SAf1:TY PLANNIfIG ANO ASSISTANCE
CUncAU OF C11IMINAL JUSTICE ASSISTANCE
SUdGRANT A11PLiCATION
PART III.13UDGET EXHIBIT I -- BUDGET NARRATIVE'
Start [)slow and Usa Continuation Poges as Nomury.
There can be no question as to the impact Qf the Cuban/Haitian entrants on the
Criminal Courts of the Eleventh Judicial Circuit. Measuring the exact size of that
impact'in dollars, differentiated from any "normal" increase in crime is a much more
difficult endeavor. Any estimate of crime trends will be subject to question, as
evidenced by Attachment "A", a report on crime statistics from the April 13, 1981
issue of the Criminal Justice Newsletter (published by the National Council on Crime
and Delinquency). The article "Statistics" shows the different results two reliable
crime statistics agencies can arrive at. Obviously, delineating sources of increased
crime is no simple task.
Attachment "B" documents the steady increase in total pending Circuit Court Criminal
Cases from May, 1980 (the first month that statistics were kept in this format)
through March, 1981. Unfortunately, no comparable statistics were kept for the .
preceding year. Objectively, a case could be made for this rise being attributed
to a "natural" crime increase, not attributable to the Cuban/Ilaitian entrants. How-
ever, in conjunction with formulations which can compare previous years, a solid
case can be made for a direct relationship between the entrants and the caseload
increases.
Attachment "C" compares the number of cases filed by inonth for the years 1979 and
1980. January and February, 1980 show only a marginal increase in case filings over
1979, some increase in March and April, 1980 and a huge jump in May (due to the Civil
Disturbances during that month). As will be demonstrated by subsequent attachments,
the real crime case impact seems to appear beginning around August of 1980, and carry-
ing through the remainder of the year, which coincides with tine demolition of Tent
City and the disbursement of "homeless" refugees in July.
Attachments "D" and "E" again demonstrate the exponential increase that occurs approxi-
mately in August and September. In "D", Clerk's Office Overtime, the monies payed out
do not register until October, a time lag to be expected in dealing with payroll costs.
Until October, in fact, overtime costs for 1980 were substantially below those for
1979, a phenomenon which would not occur if there were a "natural" crime increase.
Attachment "E:' again graphically illustrates this point. Although there is some rise
in cases with future hearing dates, the rise does not differ significantly until
September, when it becomes dramatic.
It is highly unlikely that these dramatic increases can be attributed to the cases
stemming from the Miami Civil Disturbances in May. In a report prepared by the Dade -
Miami Criminal Justice Council, as of August 31, 1980, only 289 of the original 849
"riot" defendants still had pending cases, a number unlikely to impact significantly
on pending cases, and impossible to impact at all on cases filed.
As the final argument in defense of the entrants contribution to increased crime as
opposed to any normal", non -entrants increase, reference is made to Attachment "F",
a compilation of Calls for Service to the Miami Police Department. Any general rise
Budget Narrative continued
in crime would be represented in all areas of the City, not just Little Havana, Tent
City, or Little Haiti, which is clearly shown in "F",
The costs to the Courts for processing the Cuban/Haitian, entrants were formulated
throught�,�f gip G, ga Tie` od „ net 5volo ved a random sample technique
initially employed by this office in January of 1981 and forwarded to the Dade -Miami
Criminal Justice Council. The random sample costs were applied to all entrants
identified at that time (Attachment "G"). Only entrants arrested since September of
1980 were confidently identified. The total number of identified entrants has been
included under "Other Operating Expenses". This method was employed because certain
costs which are paid by the Clerk's office and/or the Judicial Support Fund could
not readily be identified, such as: support for state attorneys and public defenders,
court reporters, witness fees, data processing costs, etc. Although no wholesale
personnel increases .were incurred, there was tremendous reassignment and displace-
ment of both Clerk's office and Judicial personnel to handle the huge caseload
increase. The costs for the 198 juveniles were based on standard juvenile costs
identified by the State Attorney, Clerk, and Judiciary. The costs for felonys,
misdemeanor, and traffic cases were compiled from the Clerk's Office Study drafted
in early 1980 by the Office of Management and Budget.
In the_2"pL►d method of calculation, WXect,..ro5t,s-weW--5=Jfi„cally identified where -
ever possible. UnnZe`77ersonnel Costs for the Clerk's Office, itemss ar►d Twere
positions specifically added in October to deal with the massive caseload. Item C
was added in January for the same reason. Item D is the difference in overtime for
all areas of the Criminal Division in 1980 and 1981 as compared to 1979 and 1980
(Attachment "H"). Personnel costs for Judicial Support involve item 1, the cost
of a Bailiff for a new 13th Criminal Court Division (Attachment "I"), items 2, 3,
and 4, the personnel costs involved in the Back-up Project (using specially appointed
County Court Judges to hear felony cases and relieve the caseload pressures), and 5
acid 6, the costs of using County Court Judges from other jurisdictions to ameliorate
the pending cases situation.
Professional Services encompasses two items: item 7, the cost of psychological
evaluations, and; item 8, the estimated cost, using the original random sample
study of Specially Appointed Public Defenders.
To emphasize again, the random sample study was relied upon solely to estimate costs
that could not be compiled specifically. This office feels that both methods, taken
together, reflect a fair, if underestimated picture of the costs to the Courts.
n
-)r r
%L*h
jnvenile delinquency problem, and the me problem of
the mid-Isigltty's."
6 Judge Eugene Moore, president, National Council
of Juvenile and rantily Court Judges --- Without OJJDP,
the council's training program "is in severe jeopardy."
Also "now in jeopardy," is the national juvenile court
statistics series maintained since 1927 and now
adnunistered by the council's research arm, the National
Center for Juvenile Justice. "Without such indicators, we
— as a nation -- would be blind to the i rnpact of our efforts
and to emerging problems which require our attention."
Juvenile court judges are "mystified" as to why OJJDP is
due for elimination while other social welfare and
education programs are it) line for 20-25% cuts. 'Ilse
council wants the juvenile justice program continued in the
Justice Department, but with greater attention to the
problem of serious youth crime and with some
administrative changes.
• AlbertAbgott,Natio►talAssociationafCau►t(ies-
The last six Presidents have endorsed a federal role in
juvenile delinquency control, It has worked, is working,
and should be continued. Considering the loss of LEAA
14maintenance of effort" funds, and inflation, the juvenile
justice program has already done its part to save money.
• Lee Tho►nas, chairman, National Criminal Justice
Association — There has been tremendous progress under
the Juvenile Justice Act, which is already a block grant
program in largo part. if juvenile justice were lumped
together without other social service programs it would
have low priority.
• Judge Sylvia Bacon, chairman -elect, Criminal
Justice Section, American Bar Association — The ABA
calls on Congress to reject abolition of 011131'. State and
local governments need federal leadership and help. A
minimum federal program must include a national research
institute and continued promotion of standards and goals.
• Milton Rector, president, National Council on
Crime and Delinquency —"[here ate three fundamental
functions that require the continued existence of OJJDP: 1)
to assure that states and localities move toward and
maintain compliance with constitutionally and legislatively
Adequate juvenile justice standards; 2) to assist states and
localities with more difficult problems — patiicularly
violent juvenile crime — which they face without adequate
planning, expertise, or funding; and 3) to encourage
interagency plaruting and coordination at every level of
government.
• Robert Woodson — Supports abolition of OJJDP.
('[hough a resident fellow of the American Enterprise
Institute, views are his own.) Accuses OJJDP of "bait and
switch" tactics, using statistics on violent crime to win
money for care of status offenders. By concentrating on less
serious offenders, OJJDP has furthered the segregation of
delinquent youth by race and class. Even OJJI)P programs
for status offenders are often mismanaged. Money is
needed for grass roots programs manned by non-pro-
fessionals, rather than for middle class service
providers.
• Paul DeMuro, director of OJJDP funded Violent
Juvr Gilt Offel►dtr Resee—`,Ndnd Dtvtltt'Enrent Progrmn —
Challenges Woodson's r6imarks, noting that O)JDP funds
were used to fund community groups in Philadelphia and to
get more serious juvenile offenders out of Camp Hill (PA)
prison.
• David Bahlnrann, Exec. VP, National
Collaboration for Youth — Represents organizations
enlisting some 5 million volunteers, supported by 40,000
professionals. These resources can be tapped in a
collaborative effort with the federal government,
It Mark Thennes, executive director, National Youth
Work Alliance -- We know the OJJDP program has
worked because in its first three years the number of cases
referred to the juvenile justice system decreased 3.6%,
including a drop of 21 % in status offenders. This has begun
to allow the resources of the juvenile justice system to be
focused on delinquent youth, where they belong. Another
indicator of effectiveness is that overall juvenile detention
rates declined 14%n in 1975-77. The cost of not funding the
program is sure to be higher than $100 million. Local
governments unable to pursue alternatives to incarceration
for appropriate youth will be forced to incarcerate more
youths or to let more delinquents return to the streets with
no assistance.
For further information on the hearing, contact the
Juvenile Justice Subcommittee, Senate Judiciary
Committee, Washington, DC 20510.
STATISTICS
DiD CRiME RATES SOAR IN 1980? AGAIN,
ANSWERS VARY IN 2 STATISTICAL REPORTS
Once again we are confronted with contrasting
national statistics on whether crime is or is not sharply
increasing.
Preliminary Uniform Crime Reports data released
March 31 show a 10'"o jump in the number of crimes
reported to police in 1980 as compared to 1979. This figure
includes a 13% rise in violent crimes.
Then on April 7, the Burcau of Justice Statistics
released its preliminary 1980 figures showing that total
victimization decreased in both number and rate between
1979 and 1980. The violent crimes of rape and robbery
were stable, while assault declined.
Of course the discrepancy tins occurred every year
since 1975 (CJN 617/76) and is usually attributed to the
difference in data bases. Nevertheless, it still leaves
policy -makers, scholars, and the rest of us in a quandary
about whether we are or are not in the midst of a crime
wave.
UCR Figures. According to the reported crime data,
the 13%rise in violent crime included increases of 20% for
robbery, 9% for forcible rape, 8%, for aggravated assault,
and 7% foi murder (see table).
Property crimes as a group rose 9%, including
increases in burglary (14%), larceny (8%), and motor
vehicle theft (2%).
I
UNIFORM CRIME RIIA'OI � 'i: Percent change 1980 ovri' 1979t offenst^�nWft to police.
-
4
Area
Number
Popula-
Forci-
Ag9ra-
Motor
or -
Lion in
Vio- Prop- Muir-
ble
nob- vated
burg-
Larceny-
vehicle
agencies
thousands
Total
lent erty der
rape
bery assault
Lary
theft
theft
dotal
12,776
207,791
F10
+13 + 9 + 7
+ 9
+20 + 8
+14
+ 8
+ 2
Cities over 50,000
453
77,093
+10
414 +10 + 7
+ 7
+20 + 0
414
.+ 9
+ 3
Suburban area
5,385
76,044
+ 9
+11 + 8 410
413
+20 + 8
+15
+ 7
0
P.ural area
7,084
29,173
+12
+ 5 +12 + 3
+12
+10 + 3
413
+13
+ 2
Other -cities -
41054
25,483
+10
+ 8 +10 + 1
+11
414 + 7
+11
+10
- 2
Final data on 1980 will be available in Crime in (he
United Sates - 1980, to be available in the fall from:
Uniform Crime Reports, FBI, Washington, DC 20535.
Victintization Survey, The National Crime Survey
reported that the overall level of victimization was
relatively stable in 1980. The survey is prepared for BJS by
the Bureau of the Census based on interviews twice each
year with 132.000 persons in 60,000 households.
This year's report is based on a new indicator that
measures the number of U.S. households that experienced
either a household crime such as burglary or a personal
crime such as rape.
Overall, 30% of the nation's households were touched
by crime in 1980, a 1.3% decrease compared to 1979 (see
table). Not only the proportion, but the absolute number of
households experiencing crime also decreased.
BJS reported that 6% of all households were affected
by a violent crime - rape, robbery, or assault - but this
rate decreased in 1980. Property crimes -- including
personal larcenies and household or motor vehicle crimes
-- were also experienced by proportionally fewer
households in 1980 than in 1979.
However, it should be noted that the total of the
households touched by crime is less than (lie sum of the
individual crime categories. In the total, a household is
counted only once no matter how many individual crimes
occurred.
The proportion of households touched by critne varied
by income and location but not by race. Black and while
households were vic(itnized to almost equal degrees -
32% and 30% respectively - in 1980. By income, crimes
were reported in 38%of the households with family income
over $25.000, 25% of households earning below $7,500,
and 3 1 % of households in between.
Indicator [explained. "We expect this index will be a
1, of households touched by
Useful tool in assessing the impact of crime upon the lives of
Americans, " said Benjamin Renshaw, acting B)S director.
Copies of the report entitled The Prevalence of Crime I
may be obtained front: 10S, Washington, DC 20531
(202/724.7782).
CORRECTIONS
HOW TO SOLVE U.S. PRISON OVERCROWDING
Building new facilities is likely to be an ineffective
remedy for America's overcrowded prisons, according to a
massive new Congressionally -mandated survey of adult
corrections.
Neither is the expansion of "community corrections"
necessarily a reliable solution, says the five volume report
conunissioned by the National Institute of Justice from Alit
Associates.
"While there are substantial needs to renovate or
replace existing facilities, our historical analysis of the
relationship between population and capacity suggests that
the construction of supplemental prison or jail capacity
may, at best, provide short-lived reductions in crowding
and, at worst, may result in absolute increases in the
number of pnisoners held in substandard conditions.
Similarly, while the need for more alternatives to
incarceration is indisputable ... any increase in the range
of criminal sanctions may simply increase the number of
people who fall under correctional supervision .. , unless
the prison capacity they are designed to replace is actually
closed. "
The hest hope for reducing prison populations, the
report claims, is legislative adoption of standards that
NATIONAL CRIME SURVEY DATA
1975 1976 1977 1978 1979 1980
ALL CRIMES
32.0
31.5
31.3
31.3
31.3
30.0
rape
0.2
0.2
0.2
0.2
0.2
0.2
robbery
1.4
1.2
1.2
1.1
1.2
1.2
assault
4.5
4.4
4.7
4.6
4.8
4.4
personal larceny
16.4
16.2
16.3
16.2
15.4
14.2
burglary
7.7
7.4
7.2
7.2
7.1
7.0
household larceny
10.2
10.3
10.2
9.9
10.8
10.4
niotur vehicle theft
1.8
1.6
1.5
1.7
1.6
1.6
# of households touched by crin►c (in millions)
23.4
23.5
23.7
24.3
24.7
24.2
# of household in U.S. (in millions)
73.1
74.5
75.9
77.6
79.0
8U.6
Attachment B
■
5,000
4,750
4,500
4,250
4,000
3,750
3,500
3,250
3,000
2,750
2,250
2,200
2,000
I ;750,
1,50b
Mav
i
r
Jun Jul Auc Seo Oct Lvov uec
0)
DIX
Attachment C
2600
2500
2400
2300
2200
2100
2000
1900
1800
1700
1600
A
CLERK'S OFFICE CRIMINAL DIVISION
CASES FILED BY MONTH
CIRCUIT COURT
1979 -----
I
S10,000
S9500
S9000
SE500
S8000
S7500
S7000
$6500
$6000
S5500
$5000
S4500
$4000
S3500
S3000
. $2500
Apr
Attachment D
r r o r u r lu R 1 n T V T S T 0 N
'9 - January 1980 - - - -
30 - January 1981-4T
May Jun Jul Aug Sep uct NOV uec ua,F
0.1
:;ARM N1I,, I)1 V 1 S 1ti1J
-JISGS 111'I11 5400
iU'NIU." IIENZING
()AYES S 300 ---- - - -- — ------- �
q p 0 5200
r
s1U0
5000 J
4900 I
4800 I /
4700
L4
I I
4000 —
i I
I '
_ I
4500
I
4400
Attachment
E 4300--------
�� 1 I
4200
� 1
4100 ----- —
I
40000
3900 _
' � I
3800 -- I
3700
3600 —
3500
34 UO I
• I I 1
3300
! i i
3200
1
I �
3100
. 'inno
a 1 N w�l 11I 1/ !. • a V a vs i
II
XljIT COURT 5500 --------•---- - -- — ...+_ _l. I _
SCS IVI'lll 5400 — --
111RIs i t1111ZING it
Its 5300 - --- —
5200 -
J
5100
5000
4900
4800 -
4700
i
4600
4 500 _
4400
4300 __ _._. __^_ ._...-- -- • -- —1 __..
4200
4100 _
40000
3900
3800
• I l
3700 i
i
3600
3500
3400
3300
3200 _ . -• _--._ __ .
' I
3100
vonn
®m
®E--
i
PON Attachment f
CALLS FOR SERVICE.
— OFFICE DISPATCtf
f
•
APRIL
MAY JUNE
JULY
AUGUST
Little Havana - First group of Cuban
refugees
to Key West
April 12th
' 1979
21394
2,438 .21519
21379
2,473
3 1980
2,306
21598 �2,724
3,310
3,741
$ change
- 4$
+ 7%
+ B$
+ 39%
+ 51$
79-80
Tent City -
Established
July 27, 1980
1979
133
145
142
156
156'
1980
117
133
128
158
333
t
% change
_ 12%
- 9%
-- 11%
+ 1%
+113%
79-80
Little Haiti
1979 11065 1,067 11109 1,111 11084
1980 1,159 11259 11400 1,481 11441
% change + 9% +18% + 28% + 33% + 33%
79-80
Remainder of City
1979 16,658 161380 16,306' 16,462 16,168
1980 16,221 16,202 16,418 17,579 17,408
% change - 3% - 1% + 1% + 7% + 8%
79-80
Source: MPD Informational Services
SIGNIFlCAW ` RE'WI'US:
1. Total incoming telephoned calls to Police in previous.
month (August) up approximately 36% over August 1979.
J
• J
2, From May 1980 through August 1980, calls for service
were delayed 37% of the time. In the same period last
year, calls for service were delayed 14% of the time.
A delayed call for service represents not being able
to dispatch a police car within certain time frames
because all units are busy with other calls.
3. Calls for service in which police officers are
dispatched have significantly increased in Tent City,
Little Havana and Little Haiti:
AREA
Tent City
Little Havana
Little Haiti
Remainder of City
9/11/80
7 Planning & Inspections
r.-
AUGUST 1979 vs AUGUST 1980
INCREASE IN CALLS FOR SERVICE
+ 113%
+ 51%
+ 32%
+ 8%
EDWARD D. COWART
CHIEF JUDGE
WILBUR S. MC DUFF
COVAT CXKCUTIVE oPPICLa
yr
10
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
AOMIUISTRATIVE OFFICE OF THE COURTS
CRIMINAL JUSTICE INFORMATION SYSTEM
COORDINATION PROJECT
411 METROPOLITAN JUSTICE BUILDING
1351 N.W. I2TH STREET
MIAMI, FLORIArA 33125 ROBERT A, CASTILLE
January 13, 1981 PAOJECTADMINISTRATOR
Jeffrey 14, Silbert, Ph.D.
Executive Director
Dade -Miami Criminal'Justice Council
1351 N.W. 12th Street
Miami, Florida 33125
Dear Jeff:
In reference to your letter of October 1, 1980, regarding the development of
a package identifying the cost of processing the Cuban-Haitain refugees
through the criminal justice system, this office has managed to arrive at
processing cost figures, not only for the Administrative Office of the Court,
but also for the Office of the Clerk (see Attachment). Working with the
names supplied by,Mr. Dill Moriarty of•your staff, and through the coopera-
tion of the Clerk's Office, staff has formulated cost amounts for the defend-
ants -in felony, misdemeanor, and criminal traffic cases. Given limited staff
size and resources, an individual procedural follow-up of the 566 identified
Quba,n refuges was impossible. Yet the methodology employed, while no
satisfying a case -by -case standard, more closely approaches hard data than
a "guesstimate". This methodology is explained below.
First, the„JK6..,1: fugees were diyid,deed iin.to��,ty,De (felony, misdemeanor,
criminal traffic). Those defendants with multiple charges were included in
the group encompassing the more serious offense type; i.e., felony and mis-
demeanor charges - felony group, misdemeanor and traffic charges - misdemeanor
group, etc.
Second, each group was numbered separately: 1 through 325 for felonies,
1 through 188 for misdemeanors, 1 through 53 for traffic. From each group a
random sample was selected utilizing the table of random numbers found in
Fundamental Research Statistics for the'Dehavioral Sciences by John T. Roscoe
pgs. 410, 411). Sample sizes - were determined for each offense group based
on standard randomization procedures (approximately 10% of population with a
minimum of 20 per each group), which resulted in sample sizes of 38 for felonies,
22 for misdemeanors, and 20 for criminal traffic.
Third, the list of random names was then forwarded to the appropriate divisions
of the Clerk's Office to first, research the IDS and case numbers, and second,
Jeffrey M, Silbert 2 January 13, 1981
to provide the court activity record on each defendant. For felonies, insert
sheets were researched; for misdemeanors, A -Forms were followed; and for
traffic, copies of the citations were used.
Finally, costs were assessed for each randornly selected refugee case through
the use of the Office of the Clerk's Court Study and Recommendation, a com-
prehensive procedural cost study prepared by Richard P. Brinker, Clerk of the
Court, Roger Silver, Court Administrator's Office, and William N, Hardy,
Office of Management and Budget Director (attached are the procedural cost
breakdowns used for misdemeanor and criminal traffic cases; felony case pro-
cedural costs were assessed by analyzing the felony step-by-step process and
recalculating the costs based on the county court breakdown). Tile respective
mean cost -for each type of case was then calculated and applied to each
offense type population to arrive at the total cost figures (see attachment
for offense type breakdowns). Following are the costs associated with each
offense type and the total costs for Cuban refugee processing;
,..Criminal Traffic: .53 defendants @ $ 26.04 = $ 1380.13
Misdemeanor: 108 defendants @ $117.20 = $22037.36
Felony: 325 defendants @ $126.91 = $41245.75
Total Cost $64,561.72
It should be emphasized that, if anything, these figures are conservative.
For example, no felony defendant was tried by a jury, which would have tripled
the cost. No costs were calculated for defendants represented by specially
appointed public defenders. Finally, some cases were still pending at the
time this report was prepared and more than likely the costs would have
escalated as the case progressed.
Very truly,
Robert A. Castille
Special Projects Administrator
RAC/1,101-1/ j b
Attachments ,
cc: Richard P. Brinker
Clerk of the Court
Eleventh Judicial Circuit
Edward D. Cowart
Chief Judge
Eleventh Judicial Circuit
0
.
WP
qW
COST BREAKOOb1N*
Criminal Traffic:
(n = 20)
If the case is
closed.at arraignment;
$
15,17
Case closed With
one trial date:
$
27.29
Each additional
trial date:
$
10.64
Misdemeanor: (N =
22)
If the case is
closed at arraignment:
$
31.93
Case closed with
one trial date:
$292.32
Each additional
trial date:
$
41.60
'Felony: (n = 38)
For each court
appearance, pre-trial:
$
20.54
For each court
appearance for trial:
$
83.70
For each bench
trial:
$418.50
For each psychological
evaluation:
$150.00
*There were no jury trials in any sample,
David McGriff
pie�f,
ce elf�urt Administrator
I` aoM Ewing
County Clerk Division
Clerk of Coruts
I",
DATE April 70 1981
SUBJECT COMPARATIVE OVERTIME COSTS
Criminal Division
Pursuant to your verbal request following is a comparative report of the
monthly overtime costs of Criminal Division, Clerk of Courts for the ten
months commencing April
1979 and
the ten months commencing
April 1980:
A14OUNT
PERCENT
INCREASE
INCREASE
MONTH
1_979_
1980
1981 (DECREASE)
(DECREASE)
APRIL
$3,675
$3,216
- $ (459)
(12.5)
MAY
3,432
6,552
- 3,120
90.9
JUNE
5,391
2,940
- (2,451)
(45.5)
JULY
4,425
4,000
- (425)
(9.6)
AUGUST
4,353
3,732
- (621)
(14.3)
SEPTEMBER
5,751
3,540
- (2,211)
(38.5)
OCT0I3ER
3,792
7,860
- 4,068
107.3
NOVEMBER
4,233
8,676
- 4,443
105.0
DECEMBER
7,101
9,588
- 2,487
35.0
JANUARY
-
5,559
8,142 2,583
46.5
JRE/ds
cc: William W. Thompson
Chief, Civil Department
William A. Stoiloff
Chief, Criminal Department
n
W
IN HE: CREATION OF SECTIO14 )
CF' 13 IN• T11E CRIMI14AL )
DIVISION OF THE CIRCUIT )
COURT )
THS ELEVENTH JUDICIAL CIRCUIT
DADE COUNTY, FLORIDA
CASE NO. 80-1
(Court Administration)
ADMINISTRATIVE ORDER
NO. 80-16
WHEREAS, the -Court has determined that it is necessary
to establish an additional Section within the Criminal Division
of the Circuit Court to alleviate delays or continuances and the
overburdening of court calendars due to the increase of criminal
cases;
THEREFORE, -PURSUANT TO the authority vested in me as
Chief Judge of the Eleventh Judicial Circuit of Florida, Section
CF 13 of the Criminal Division of the Circuit Court is hereby
created, effective November 15, 1980.
Administrative Order No. 79-3 in Case 140. 79-1, estab-
lishing the blind filing system in the Criminal Division*of the
Circuit Court, will be adhered to in the assignment of cases to
all Sections of the Criminal Division, including Section CF 13
herein created.
DONE AND ORDERED in Chambers at Miami, Dade County,
Florida, this day of November, 1980.
3P)WA—RDD. COWART, CHIEF JUDGE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
W,
,)IVIDIVII VP VU13L1% J"W CST VLAI WIVV /uit
1101EAU OF Cr111.11HAt. JUSTICE ASSISTANCE
SUBGRANT APPI_ICATIOIJ INSTfiUCTIONs
BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE
PLO Certificato of Compliance'Form
All recipients of federal funds under Title 1 of the Omnibus Crime Control and Safe Streets Act of
1068, Public Lath 90•351, 82 Stat. 197, as amended, are required to certify compliance with Title 7.8,
Chanter 1, Sul)part E of Part 42 of the Code of (=ederal Regulations as it applies to the implementing
criminal justice agency.
STATUS OF COMPLIANCE
Form t
Mi.i_t0p_.O�-YiCkerS______._ (Authorizing O(liciall
certify that the-__.__ __.�f£ice_of_the__Glerk ,.__ __ __-.. __�.____._(crirn►nal Justice Agency)
has for mulatecl an rquat employrnrnt opportunity program in accordance with 20 CF R 42.301. et. seq., Subpart E, and.
that it is on file in the office of
Mi 1 ion D. Vickers
-_ (Name)
Affirmative Action Division
2501 Coral Way, Miami, F1 orida_ 33145 (Address)
Director
for review or audit by officials of the cognizant state pl, raring aga y or tha Law Enforcement Assistance
Administration as required by rclMIrtit IavIs c , egulations. 20 C : 42 g.
(Signature)
Affirmative Action Division Director _ ITitlel
April 23, 1981
Form It
Certify that the ._
-.-. .......... _ ..---__-•-- __...... __..._._ _ _...._ _ .__. ...�_,. (Criminal Justice Artrncy)
in conformity with the terms and conditions of 20 CI:Ii 42..'•01 is not tequited to file bn equal employment program.
_.___.._.._. __._.....---•--..._._.. ..___._._____._ .____ _._. (Signature)
..._. _.. __ .._. .. ......... .._.__...._......_ . __.,.____..�._..._—...._.___.__ _�._........�...._ (Title)
. _._......_ _ _----...... _.... __..... _._.._....,.__._....... _.___ .-- _ ..__...__... _._.._ __._—_(Date)
OTIIEff: Do you have an EGO PI an?_ yes, no
If yrs, when w,7s it last
ELEVENTH JUDICIAL CIRCUIT OF F LORIOA
ADMINIS1nArtvr o1 rlrr 11r 111E co111t7:,
701 MEiROPOI.ItAN JUSIKE nURDING
1151 N.W i7111 SIR►U?
0EnAL0 T. WEIFICRINGTON
cltlrr .ovnfit MIAM1. FLORIDA .13175
WiLLIAM A.IIERIN August 10, 1981
BLNICItI JUI)tir r
Mr. Robert S. Wilkerson, Director
Department of Veteran and Community Affairs
Division of Public Safety Planning and Assistance
State of Florida
Room 530, Carlton (luildinq
Tallahassee, Florida 32301
Dear Mr. Wilkerson:
Re: CII-81-15-0016/Clerk of the Courts
CLL15 U. OIL rllrrl+Ew
r+tcuTIVE oncclrll
Attached you will find the documentation a►►d explanation package requested
in your letter to Mr. St.ierheim of Juno ?6. 19t11. The package is composed
of two parts. Part o►Ie provides the documentotion for the flew positions
necessitated by the Cubmn/Ilaitian il►f lux. 1111' justification included involves
presentations made to the Chief E-xecul-ive Oft'icers (CFO's) of each organiza-
tion, or from the CEO to the Office of 14--maclement and Budget, rather than the
County Commissioners, because in a jurisdiction as large as Dade County, the
most detailed explanation is made at this level.
Part two consists of a section (if tho "Clerk's Office Self -Study", compiled
in early 1980 by the Office of the Clerk, 1.1e Administrative Office of the
Courts, and the Office of Malla(lomellt. and Bud -jet. Although this section
specifically deals with misdrmmpanor•s, there w17s tin similar section outlining
felonies. Adjustments were made to a(.r.ulJnt for t.11e differences in processing
felonies (i.e., additional hearings, ekc.). Costs were assessed for each
court appearance as out 1 inerf in "Att.achmont (." of the original cost reinburse-
ment llacka(le. The procedure used to rtlndomim the refugee defendant population
is further explained in that same attachment.
In addition, part two contains the documentation used to arrive at the cost for
processing 198 cases through the Juvenile system. Adjustments were made to
account for the actual amr,unt of time spent on these cases, rather than the
much higher $900/case figure arrived al: by Judge Felber in his study. The $240
figure eventually calculated was derived frorn conversations with Juvenile
Judges, the Clerk's Office, the Stai:e At.to►noy's Office, the Administrative
Office of the Courts, and the Department of Health and Rehabilitative Services.
I
Mr. Roberts, Wilkerson
t
August 10, 1981
Not included in this $240/case figure is the cnst of psychological evaluations
administered by the Mental Health Clinic of Juvenile Court, since exact figures
were not available.
No documentation has been provided for- items'not specifically mentioned in
the letter to County Manager Stierheim. However, such documentation exists
and is available upon request.
Respectfully sub ri tted,
M. David McGriff
Administrative Officer III
CJIS Coordination Project
MDhi/ j b
Attachment
cc: Dade -Miami Criminal Justice Council
b
CUBAN/HAITIAN COST REIMBURSEMENT PACKAGE:
THE COURTS OF THE ELEVENTH JUDICIAL CIRCUIT
IMPLEMENTING AGENCY:
�.... THE OFFICE OF THE CLERK,
ELEVENTH JUDICIAL CIRCUIT
TYPE COSTS: B, FEBRUARY 1, 1981 - SEPTEMBER 30, 1981
pool
Prepared By: M. David McGriff
Administrative Officer
r. CJIS Coordination Project
I
Standard Condition
Y certify that this agency has not nor does not intend to apply for any other
federal funds to defray Cuban/Haitian Entrant expenses applied for within
this application.
J
/ Ellis D. Pettigrew
Court Executive Officer
Administrative Office of the Courts
Eleventh Judicial Circuit
Wil,j.afi A. Stoiloff
Chief Deputy Clerk
Circuit and County Courts
Eleventh Judicial Circuit
0
ACTION APPLICATION
1 fmi i•p• C]NOitFICATION OF INTENT (Opt,
061ria1e OnEPOnt OF FE:rx-IIAL ACTION
4. LEGAL APPLICANTMECIPIENT
.. •.. u. ""rc lut, • - - -------...
CA1'fON Yearmon h day FIE ASSIGNED tg
L r.n•e 19
Blink
r5. FEDEIIIAL EMPLOYEn IDENTIFICATION NO.
• IIt. Appticint Name
b. Organitation Unit
`"' • t. Street/P.O. Dox
( d. City
i 1. State
I h. Contact Person NameL R telephone No.)
: Metropolitan Dade County
: The Office of the Clerk, Room 135
: Dade County Courthouse,72 W.Flagler Pilo. a. NUMBER
-Miami • County bade GRAM b. TITLE
Florida eCIP Code Dade (From Cuban/Haitian Entrants
Federal Security and Safety
M. David McGriff 547.4816 Catalog) program
7. TITLE AND DESCRIPTION OF APPLICANT'S P11OJECT
Cost Reimbursement! The Processing of Cuban/Haitian
Entrants Through.the Courts of the Eleventh Judicial
Circuit
B. TYPE OF AP0L1CA0f1i FCIP1ENT
A -State
0-Interstate
11-Community Action Agent
1-1iighat Educational Inatitution -
C-Subitate
J-Indian Tribe
District
K-Other (Specify):
D-County
E-City,
F-School District
G-Special Purpose
4 District
Enter appropriate letter UY
9. TYPE OF ASSISTANCE
D-Insurance -
A -Basic C•rant
E-Other
B-Supplemental Grant
Enter appro•
C-Loan
Priate Ictterfi)
W 10. AREA OF PROJECT IMPACT (Nar►res of cities, counties, It. FSTIMAT=0 N'UM- 12. TYPE OF APPLICATION
to States, etc.) BER OF ?E71SONS A-Notw C-Revition E-Augmentation
BLNEFIT".'G 0-Renewal D-Continuation
Metropolitan Dade County _ _ _800,000 Entcrapproariareletter
13. PROPOSED FU_N_D114G 14. CONGRCISSIONAL DISTr11CTS OF: 15. TYPE OF CHANGE (ior I2c or 12e)
._F_EnrRAL T s 456.289 .00 a. APPL.ICAN'r b. PVIOJECT A-Incrrosc Dollars F-Other (Specify):
_t + _ B-Deere se Dollars
�t'#. APPLICANTI .00 _ 13th 13, 14, 15 C-Increr. a Duration
e.+STATE _ ,00 1C, PIiOJECTSTART 17. PROJECT D-DecremeOurution F.ntero ru
--- DATE Ye, r lnnth clay DURATION E-Canctliatiort pV t-r-�-�
d. LOCAL-_. .00 �l:► 1/�1�t-_ _months yriutclrttcr(s)
c. OTHER I .00 10. ES!"IMATFD DATE TO Ycartnon:'i dry 19. EXISTING FEDERAL. IDL•NTIFICATION NUI,9EII
-----{-------- [iE 5U3tAll'TEU TO
L TOTAL t s 456,284 _ .00 _UEOERAL AGENCY _19 4/27/81 _ _ - _
20. FEDERAL AiiEt CCY TiiRECEIVE REDDEST (!Janie, City, Stato, ZlPcoee) Tallahassee, 21, r1EMARKS ADOCD
z _ Bureau_ of Criminal Justice Assistance F1gdd.0_ 123Q_L t]yet t71Jo
o-
h 22. 1 a. To U:e twit off my knowludai and b. It required by CMB C;rcular A•95 this application was submitted. Nore- Response
4I belief. data in thlt proapplicationt pursuant to instructions therein, to appropriate clearinghouses and all spouse attached
u I.HE application are true and corruct, 110 responses are attached:
U. document is has body of the duly eea ann
ppli• g Council
:od
APPLICANT h Gy tho governing (il South Florida Regional P•lin ❑
.❑
CC CERTIFIES cant and the applicant will corn„ly 121 Metro -Dade Planning Department
to THAT P- with tho atteclred assurances If the
t' _r astlstancrt Is approved. (31
TYPED NAME AND TITLE b. SIGNATURE c. DATE SIGNED
2 CERTIFY114G Ycarmonth day
ItEmncI M. R. Stierheim 19
SENTATIVE
t�"---'- � 25. I�PPLICA- Ycarmonth de
to24 t 24. AGENCY fJAR4E TION
RECEIVED 19
y
7• _ _ _ ____ __ __ _ _-___ _
D 2G ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE- 28. FCDcF•IAL. APPLICATION
f 10EI4TIFICATIO14
u F9. ADDRESS 30. FEDI:FIALGIFIANT
IDE14TIFICATION
V 1. ACTION TAKEN 32. FUNDING Year thry 34. Year nionrh day
4 STAIITING
4 113 a. AWARDED -a. FEDERAL S _ .00 33.ACT10N DATF. 19 DATE 19
vs 'p b.FIF.JE•CTED bb.. APPLICANT �_- .00 35. CONTACT FOR ADDITIONAL INFORMA• 36. Year rinonth day
LL
(
w I Ic. STATE - .00 TION (name tnd telephone number) ENDING 0c.RETUIiNEDFort.___ _DATE _ 19
1 AMENDMENT LOCAL .00 37. IIFMARKSAOOEU
0d.DErCi1RED Ie. OTIIEIt .00 ❑yes ❑ no
t7 1U e.YJITIIDRAIVN 1.. ......
..
u 39. a. In tal ink above action, any eornrnents received from clearing b, fCOC11AL AGENCY A•95 OFFICIAL
rEl)EnAL AGENCY hpu;ts weir. considered. It agency icspnnse is due under previsions lN.omcand telephone nn.)
A Jb AC f ION I of Parrl 1, OMB Circular A 95. it has buen or is being inade.
�Tn►ninnn 1-nn►,1 474 PAGE 1 110
APPLICA - ON FOR CUBAH/11AITIAN ENT. PATS
SECURITY AND SAFETY PROGRAM
State of r1orida
Dept, of -Veteran & Community Affairs
Division of PUblic Safety Planning
_
&' Assistance
•'
Bureau of Criminal Justice Assistance
530 Carlton Building
Tallahassee, FL 32301
Period of Reimbursement Request:
Subgrant No.:
Feb. 1, 1981 -Senn 30. 7981
Date Received:
Type of Re i mb : Type B Costs
Amount of Ai d Requested:
A-��r 1_, 1 980-Jan 31 , 1981
1,1981 -Sep 181
—$56,289 --
S - Feb. .30
C-Renovati-on of -Old 14i amp Jai 1
.
State Agency or Local
Chief Financial Officer:
Unit of Cbvernmant:
Metropolitan Dade County
VI, H, Erickson, Controller
M. R. Stierheim, County Manager
Dade County Finance Department
Dade County Courthouse Room 900
Dade County Courthouse; Room 1709
73 West Flagler Street
73 W. Flagler Street
Miami, Florida. 33130
Miami, Florida 33130
Signature an Tit a
5ic7n:rturc,'1.'�ltic� & Phone Ab.
Ingle:renting Agency:
Project Director:
Richard P. Brinker, Clerk
M. David McGriff
Circuit and County Courts
Administrative ffice
Dade County Courthouse
C.J.I.S. Coordiktion Project
Room 135
Room #707, Met ustice Bid
73 West Flagler Street
iiam F1ori•da 3 5e
V
Miami, Florida 33130
.
Sicnature �uid�l lone No. q7-q 16
.Brief Project Summary_:
This project is intended to assess the
projected costs to the Courts for the '
continued processing of Cuban/Haitian entrants through the Dade County criminal
.justice system for the time period February 1, 1981 through September 30, 1981.
Courts refers to the Office of the Clerk
and Judicial Support Administration for
the Eleventh Judicial Circuit for four criminal court types: felony, misdemeanor,
traffic, and juvenile.
Brief' Statement of the �oblem:
,.The influx of the identified 1146 Cuban/Haitian entrants through the Courts of the
llth Judicial Circuit will continue to impact and strain the resources of the Office
of the Clerk and Judicial Support Administration for some time to come and especially
for the time frame of February 1, 1981 through September 30, 1981. Personnel hired
during the previous time period (April 1, 1980 through January 31, 1981) will be
retained, two new Criminal Court divisions are projected, psychological evaluations
at a rate of 15 per month are anticipated and construction to facilitate new court-
rooms has been budgeted.
• i
E
Qudget Summer:
Personnel
$138 ,289
Noles;ional llncluding Contractual and Coosultont) Services
18,000
0,000
rr t�vct
Ct11149nlent
0,000
Construction
300,000
Other Operating Expenses
0,000
$456,289
TOTAL COSTS
Ztnplover
.
New
Other
Matching
1
Total '
Title Of Position
.
Ludc3eted
Personal '
S. S. & . t
Payroll
And Position Number
Position
Overtime
Services '
Rctirc., Etc.•
Costs
-4,141.05
$20,745
.Criminal Courtroom _
@ 518.86/
Specialist I (2)
bi-weekly
Feb.1,1981 - Sept.30,1981
16 pay periods
(516,603.52)
Court Records
@ 425.52.
$14,676.89
$64,143
Sppeialist I (8)
bi-weekly
16 pay periods
(54,466.56):::--
'*
.
=-891,888
-
Yosat
-yoe 8: 'Feb. 1, 1981--.Sept. 30, 1981 PERSONNEL COSTS - judicial Suppor� CoStS
• LIew Other Pia tCjlltlg
Title of. Position S. S. & Total
Eudg".e3 - Pe�soaal � D� _o
And Position Nu;�ber Position Overtime Services Retire., Etc.t Costs
- -• •— � -___ - Costs.
Bailiff (3) @ 408.75 $5,667.75 $25,289
Feb.1,1981 - Sept.30,1981 bi-weekly
16 pay periods
($19,620.00)
Judicial Support 3 pay periods
Specialist II (1) @ S508.80 =
=eb.1,1981 - Sept.30,1981 S1,526.40
13 pay periods S2,281.67 $11,313
' @ S577.32
$7,505.16
($9,031.66) '
a
I ailiff (1) 7 pay periods
Feb.1,1'981 = Sept.30,1981 a $526.07 = $2,347.96 $11,800
$3,682.49
10.5 pay periods
@ $549.52 = '
S5,769.96
(S9,452.45)
i
M
i
nI20PESSIO` It L SERVIC. S Judicial Support
Type B: February 1, 1981 - Sept. 30,,1981
Z:sti:�ated Cost and
d - for rslimate Total.
:'ontractor an B-s-s
Na—are of service (Rate Per Hour,
• t
The Forensic Unit of Jackson Memorial Hospital - Court 10, S150 per defendant for $18,000
ordered psychological evaluations for Cuban/Haitian approximately 15•defendantsj
entrants ner month for 8.months = i
�Sl&,000 I
I
1
$1s,000
Tax{
Type B: Feb. 1, 1981 - Sept. 30, 1981 RE:;OVATION (CONSTRUCTION)' Judicial Support
Urv"nr. r rcrCiv • Vr l,V(vrl'IH//vr r r ..r rr.^I
VISION! UP PILIULIC SAFETY Pt.ANNI#.a AND ASSISTANCE
• CUREAU OF CRIMINAL JUSTICE ASSISTANCE
SUBGRANT APPLICAT'IUN '
-- I
PART M. BUDGET EXHIBIT I --- BUDGET NAM1A'('IVC"
Start Below and Use Continuation Poges as Necessary.
Costs projected by the Courts for the period February 1, 1981 through September 30,
1981 involve mostly the continued funding of personnel hired during the Type "A"
time period. It is anticipated that these positions will remain filled until some
lessening of caseload site occurs.
Under Personnel Costs for the Clerk's office, item A refers to the two positions
filled on -October 1, 1980 and item B continues the funding for eight positions,
three hired on October 1, 1980, five hired on January 1, 1981. Item 1 under
Judicial Personnel.Costs refers to the anticipated creation of two new Criminal
Divisions within the Circuit Court. Item 2 is the continued funding for the
director of the Back-up Project and item 3 is a new position created to assist '
that Project, .
Under Professional Services are listed the anticipated costs of psychological- evalua-
tions at the current rate, 15 per month @ $150 per evaluation.,
And last, the Construction Costs expected from the building of two new courtrooms to
service the new,Criminal Court Sections.
All of these costs are real and anticipated, yet they don't begin to assess any
unexpected impact arising from the Cuban/Haitian entrants.
•.�.•� r nt \•DNS
..�` DIVISION OF PUMAC SAFETY PLAIWING AND ASSISTANCE
1lUREAU OF WIMINAL JUSTICE ASSISTANCE
SUDGRANT APPLICATION INSTIiUCTIONS
BUREAU OF CRIMINAL JUSTICE PLANNING AND ASSISTANCE
EEO Certificato of Compliance Form
All recipients of federal funds under Title 1 orthe Omnibus Crime Control and Safe Streets Act of
1968, Public Lakv 90.351, 82 Stat. 197, as amended, are required to certify compliance with Title 28,
Cliapter 1, Subpart E of Part 42 of the Code of Federal Regulations as it applies to the implementing
criminal justice agency.
STATUS OF COMPLIANCE
Form I
(Authorizing Official)
certify that the ce o_E the Clerk_—___--•(Critinal Justice Agency)
has formulated an equal employment oppa:;unity program_in accordance with 20 CFR 42.301. et. seq., Subpart E. and .
that it is on file ire the office of
-------_..._...._ _ ------ -- -- -- -- Milton D._.Vi cker$_____
(Name)
Affirmative Action Division
2501 Coral Way, Miami, Florida 33145
—_---------_--_..._�__ ._.� (Address)
Director
----• — --•--- -- (Title!,
for review or audit by officials of the cagni state Manning agency or t Law Enforcement Assistance
Administration as required by tcicvant I; v� n cg/ulat�iions. 20 crn 4 G.
(Signature)
_M--^---_�-_� Affirmative Action Division Director (Title)
—NOTE �Tlie signing of this form shall develop within thirty (30) days
upon the signing of this form an EEOP in compliance with LEAA Guidelines
CRF 42.301 Subpart E. Form11
(Authorizing Official)
Certify that the.--... (Criminal Justice Agency)
in conformity with the teens and conditions of 20 CFH 42.301 is not required to file an equal employment program.
--•--•-_..__-.--__-••- •—•---..._._. _...__._______._.----•-___-- _.._.._...__.____._.____._ —� (Signature)
0711EII: Do yuu have an 17110 PIan7—___ yes ---no
If yes, when was it last _ Datc
+ EXCERPT FROM TIM FINAL REPORT OF TUE FALL TERM 1980
GRAND JURY REGARDING COMMUNITY CONTROL,
IN THE CIRCUIT COURT OF TUE ELEVENT[{' JUDICIAL CIRCUIT
OF FLORIDA IN AND FOR THE COUNTY OF DADE
FALL TERM A.D. 1980
FINAL REPORT OF THE GRAND JURY
FILED
MAY 121 1981
A
Circuit Judge Presiding
LEONARD RIVKIND
Officers and Members of the Grand Jury
BONNI AXELROD, Forewoman
HECTOR P. RODRIGUEZ, Vice Foreman
SALLY LEVY, Clerk
GRACE RUIZ, Treasurer
RANDALL
B. AVERY
EVA CUSNIER
MARY S.
HARDEL
WILLIAM
F. LANDGRAF
DAVID McMILLAN
MARY E.
MORIER
EVERETT
OLSON
JAMES A. PARTALAGE
JOSEPH
L. PEEL
MURIEL
ROTHENBERG
FLORIS
SAX
OLIVIA
SHEPPARD
FRANK A. SHORE
THOMAS
WALKER
State Attorney
JANET RENO
Chief Assistant for Administration
THOMAS K. PETERSEN
Assistant State Attorney
GEORGE YOSS
Clerk of the Circuit Court
RICHARD P. BRINKER
***** *:: ***
Administrative Assistant
MADELINE CAMP
Official Court Reporting
JO SFI'II TROIAAO, Jr.
Bailiff
SAti KAItLTIJ
V
I. INTRODUCTION
►.A_
In this Report we will describe what we deem to be a
failure of our juvenile justice system, and it is a failure
which affects us all. If we faii to deter our community's
children from committing crimes, and if we at the same time
fail to rehabilitate the same children, we should not be
surprised or dismayed at learning that crime is epidemic.
We are failing and crime is epidemic.
The pages of this Report will set forth the evidence
of the failure that we have identified. We fear the tables
and statistics included may tend to mask a more human and
subjective dimension reflected by the failure. That dimension
is critical and must not be overlooked and we wish to emphasize
it at the outset. One counselor expressed it as follows:
I worked with the Department of Health and Rehabilita-
tive Services for five and one-half years before
leaving approximately two months ago. I became a
social worker in order to work with and help children
and their families. This wasn't possible . . . I
terminated my employment with HRS after having been
ordered to release a girl from my caseload "because
of statistics." I argued against this as the girl
needed psychological help and also help with her
drug problem. After she was released she died of
an overdose. This tragedy could and should have
been prevented!
Our juvenile justice system has a uniquely difficult re-
sponsibility, which entails simultaneous attention to the concerns
of victims of crimes and to the needs of the youths who commit
those crimes. In this Report we document the failure of our
Community Control program to meet either responsibility. We will
document a confusion regarding objectives, an inadequate use of
communityresources and a sense of futility which may in fact be
characteristic of our entire justice system at this 1)oi.nt in
time. Yet we
do
not,
intend
this:
Report to be
met
with a
reaction
of hopelcssness
.
In
calling
for
a t}lor.ough real .es
.kilt
of: the
Corurunity Control program tre ask for it clarification of objectives,
- 1 -
a marshalling of community resources and a spirit of hopefulness
not only with respect to revitalizing Community Control, but
with respect to revitalizing our juvenile justice system as a
whole. We believe that future tragedies can be prevented.
II. FINDINGS
(1) Community Control, the name given by the 1978
Legislature to juvenile probation, administered by the Department
of Health and Rehabilitative Services (HRS), is the most important
component in our juvenile justice system. Three out of every
four children who progress beyond the juvenile court intake
stage are placed on community control. On any given day 1200
youths who have broken the law are under the supervision of
Community Control counselors and the program's annual budget
for this region is over one million dollars.
(2) For our juvenile justice system to work, Community
Control must work. Yet we specifically find that Community
Control, as now administered, does not work. Designed to provide
both sanctions and treatment to the youths participating, in
fact it delivers neither. Community Control sanctions are
generally ineffective, unimaginative and inadequately enforced.
Community Control treatment is generally nonexistent.
(3) Not unexpectedly, Community Control has no demonstrable
impact upon a child's likelihood to commit further crimes.
(4) While in theory providing an individualized plan of
sanction and treatment .for each child, there is provided in fact
little or no individualization and little or no planning. Only
one.youth out of Lhree is referred to a community program and
only one in four is diverted to outside therapy or counseling of
any type. The avera� e interaction bet%..,een Community Control
counselor and child is, an average of. one pernona 1. contact por
wonLh.
2 -
4W
i
(5) The Community Control concept, providing for sin'ul-
taneous emphasis upon both sanctions and treatment, has engendered
confusion among youth services personnel as to how to reconcile
these conflicting objectives. Coupled with this unresolved
confusion is a dangerously low morale level among caseworkers.
This low morale level is attributable to inadequate salary levels,
inadequate in-service training, a negative perception of the
administration and a dubious view of the Community Control
program's effectiveness.
(6) if -it is the responsibility of Community Control
sanctions to provide a deterrent to further delinquent acts,
and if it is the responsibility of Community Control treatment
to rehabilitate, the program has failed to meet both responsi-
bilities.
(7) An immediate need exists to convene the principal
parties in the juvenile justice system in order to begin a
thorough assessment of how the Community Control program can
be revitalized.
(8) Finally, we note that the Spring Term 1977 Grand Jury
stated:
The Grand Jury recognizes that an organization
such as HRS must be computerized in order to provide
proper services to the public in this day and age.
If this task is not accomplished by the next session
of the Legislature, the public is entitled to an
explanation of where the responsibility lies - with
the Legislature or with HRS.
Now, four years later, HRS juvenile records are still not
computerized. The record keeping system is at once archaic and
chaotic. Even a casual review of master cards reveals repeat
offenders being treated as first offenders because records of
their past offenses have been lost or misplaced.
- 3 -
III. C014MUNITY CONTROL: THE HISTORY MID THE THEORY
The history of juvenile legislation in Florida during the
past decade is a clear reflection of the fact that neither law-
makers nor academicians, let alone laymen, agree on how to deal
effectively with juvenile crime.. During the past several years
the law's provisions and philosophy have changed from an emphasis
upon treatment of the child's problems to an emphasis upon dealing
with the needs of the entire family to an emphasis upon punishment
and, finally, to the elusive concept known as Community Control.
Needless to say, in addition to reflecting our continuing confusion
over how to deal with delinquency, these programmatic and phil=
osophical drifts have caused no end of confusion for the admin-
istrators and caseworkers responsible for the execution of the
programs.
In the latest revision of the juvenile law, in 1978, the
statute was amended so as to eliminate juvenile probation. In
place of probation the 1978 legislation called for a concept
known as Community Control and the law provides as follows:
39.11 Powers of disposition.
(1) When any child shall be adjudicated by the
court to have committed a delinquent act, the court
having jurisdiction of the child shall have the
power . . . to:
(a) Place a child in a community control program
under the supervision of an authorized agent of the
department, either in the child's own home or, the
prospective custodian being willing, in the home of
a relative of the child or in some other suitable
place under such reasonable conditions as the court
may direct. A community control program.... shall
include a penalty such as restitution, curfew,
revocation or suspension of the child's driver's
license, or other noninstitutional punishment
appropriate to the offense and a rehabilitative
program.
1. Community control programs for children shall
be supervised by the department or by any other
person or agency specifically authorized by the
court. These prog.rimns shall include, but shrill not
be Urlited to,' structured or restricted activities
designed to encourage acceptable and functional
socl.al b0lavior, restitution ill 1'olloy 01- ill I:ind,
or public service.
- 4 -
2. There shall be established in each judicial
circuit a community control program advisory council
which shall periodically advise the court of the
diversion programs and dispositional alternatives
for children available within that circuit.
The Florida Community Control concept incorporates three
principal themes which are (1) an endorsement of the concept of
community corrections, which has-been defined by one expert as
"matching clients with existing community resources and working
with the community to generate resources where they are lacking,"
(2) a requirement that a delinquent act lead to both the imposi-
tion of a form of restriction or punishment ("sanctions") as
well as a strategy for treatment and rehabilitation ("treatment
plan"), and (3) an individualization of the sanctions and treat -
meet plan for each child.
The Community Control concept is apparently unique to
Florida and it is not based upon the experience of any program
elsewhere. Instead, the concept is based upon an article written
in 1976 by a California corrections administrator by the name of
Walter Barkdull. The article, entitled "Probation: Call it
Control -- And Mean It," is quite general and is written in the
context of adult offenders. The following passages summarize
Mr. Barkdull's concept:
But we do know more than just how to punish --
and probation can do that: We know how to control
and we know how to help.
A probation sentence entails a much greater
loss of liberty than we have led the public to
realize. It is punishing. It is, to a degree,
isolating and incapacitating. It can enforce
an enormous range of sanctions and controls, be-
side the economic sanctions already discussed....
If we order a period of community control it
must be more than a slogan. Community control
conditions must be realistic, tailored to the
individual and enforced. Successful control,
successful enforcement, depends, in part at least,
on the ability of the probation department to
prescribe the appropriate conditions, provide
the needed resources and then impose such super-
vision as to luiocr vhether the probationer --the.
prisoner in the cocantinity--is 'indeed living, up
to the tennis of the sentence.
Realistically this tnvan , the i denti.f'i cation
of a broad range of suitable and accessible
pros nalps in the ecmimutli.ty or the clevel.optnent of:
them. Such development nay take a systemwide
reallocation of resources ...
- 5 -
An important element of cor.nunity control must
be a realistic appraisal of the offender's perform-
ance and a readiness to act if he fails to perform
properly.
During our investigation 1.1r. Barkdull was contacted and,
surprisingly, he related that he had not been involved in, or
consulted during, Florida's adoption of his concept. He also
indicated that he was not aware of Florida's legislation and
stated that, to his knowledge, no other jurisdiction had
a,iopted the concept contained in his article. Furthermore,
when the present Florida Community Control program was described
to Mr. Barkdull he indicated that the program described to him
bore little or no resemblance to the concept he was advocating.
in his article.
IV. THE GRAND JURY STUDY
Last year the Fall Term 1979 Grand Jury, in its Final
Report, evaluated several components of our juvenile justice
system. The one principal component the Report did not deal
with was Community Control, due mainly to the fact that the
program had only recently been implemented. Early in our Term,
however, a number of witnesses who appeared before us suggested
that a study of community control should be undertaken, and we
agreed.
In order to assess the effectiveness of the Community
Control program we have done the following:
(1) Obtained and studied the files of two hundred youths
who were placed on community control in late 1979 and who were
discharged between December 1979 and Parch of 1980. From these
files were extracted information relating to the nature of pro-
gram participation as well as subsequent arrests.
(2) A confidential community control evaluation question-
naire wns preparc,d for, and mai-led to, all present Boll-IMUnity
control coutisclors- and Supervisors as vvll as, to tllose.. individl1Z-11S
who had recentAy left. their posit:iolls .
Tllc. anouyr.iou s questionnaire
- 6 -
contained fifty-one questions designed to obtain the employees'
assessments of various aspects of the Community Control program.
Of sixty questionnaires hailed out, forty-nine were returned
and tabulated.
(3) Finally, fifty of the two hundred files were selected
for personal interviews with therfamilies of the youths who had
been placed in community control. The purpose of these interviews
was to obtain their assessments of their own participation in the
program. Thirty-three families agreed to be interviewed.
The results of the study of the two hundred files will be
presented in Section V (An Evaluation of Sanctions and Treatment)
and VI (An Evaluation of Recidivism) of this Report. Section VII
(Community Control: The Counselors' and the Families'Assessments)
will present conclusions drawn from the counselor questionnaires
and the family interviews. Finally, in Section VIII we present
our recommendations.
V. AN EVALUATION OF SANCTIONS AND TREATMENT
As has been mentioned earlier, the Community Control concept
incorporated three principal themes which are (1) a requirement
that a delinquent act lead to the imposition of both a restriction
or punishment ("sanctions") as well as a strategy for treatment
and rehabilitation ("treatment plan"), (2) an individualization
of the sanctions and treatment plan for each child, and (3) an
endorsement of the concept of community corrections, defined as
"matching clients with community resources and working with the
community to generate resources where they are lacking."
Our conclusion that Community Control presently is not
working, is based upon the program's failure to successfully
implement each of the three themes. We find that (1) sanctions
are generally ineffective and inadequately enforced and treatment
is generally nonexistent, (2) nei.ther sanctions nor treatment are
individualized and (3) "community control" is at present a tneaning-
less slogan in that it is failing to make adequate use of community
- 7 -
resources, and failing to generate resources where they are
lacking.
We have already alluded to the peculiar history of the
community control legislation. That history, we find, is in
large part responsible for the present failure of connunity
control. The legislation attemptjs to incorporate in one program
the somewhat conflicting objectives of 'sanctions' and 'treatment'.
One government study of corrections programs found that "the
effort to combine punishment with treatment has led to a confused
and self-defeating set of arrangements in which neither goal can
be accomplished." We are not prepared to conclude that the
concept of combining sanctions and treatment is unworkable and -
we are not convinced,, therefore, that the law should be changed.
We do find that, without careful training, the merger of the two
concepts called for by the law is a difficult one to execute
into a successful program. Successful execution will require
a clear understanding by administrators of the objectives of
the program and, particularly, of how sanctions and treatment
are to be executed in a coordinated way. And successful execution
will further require comprehensive and continuing in-service
training designed to transfer clear understanding of the objectives
to the counselors in the field.
In fact, these difficulties in the legislation have not
been translated into clear objectives by HRS. Supervisors and
counselors, most of them taught for years that their function
was to help and rehabilitate children, have suddenly received
the message that their function has shifted, yet they have not
been adequately prepared to make that change. As a result,
morale is low and neither sanctions nor treatment are being
delivered in a meaningful way.
Our review of the files made it apparent at the outset that
not only are sanctions and treatment plans not ii dividualized
for each child, but that' they are 1ur.:ped to,;ether in brief and
generalized terrr.s : the Lypical "plan" roads "t.wenty-five hours
of community service, a curfew of nine o'clock, maintain regular
school attendance and regular contacts with the community control
counselor." in such a "plan" the sanctions are the hours of
community service and the curfew, with regular school attendance
and caseworker contacts representing the treatment. The files
J
regularly repeat the same generalized "plans" and they are in
general neither imaginative nor individualized. They also
appear to be quite ineffective, as we shall see.
A. Sanctions
Sanctions, punitive measures designed to teach a child to
realize that unacceptable behavior must lead to restrictive
consequences, are to -be, theoretically and by law, individually
tailored to the individual child. They also, in theory, are
to represent only one part of a whole plan which is also to
include equal emphasis upon "treatment." In fact sanctions
appear to dominate the "plans," and the sanction of community
service, defined as unpaid work in a socially constructive
setting, is by far the sanction most often imposed.
One hundred seventy-two "plans" were identifiable in the
files examined. The following sanctions were used in the
corresponding percentages of cases (because more than one
sanction could be assigned to an individual file, the percentage
total exceeds 100%):
Sanction
Community Service
Curfew
Monetary restitution
Forbid certain friends
Do chores at home
Write an essay
Percent of Cases
51
31%
13%
3%
2
1%
The average Community Control participant is under super-
vision for three to four months and it is during this period that
the community service sanction is to be completed. A special unit
of 1IRS Youth Services -.i:;risLs the caseworker in settin;; up and
carrying out the caMmuni.ty service requirement. The following
two taj)les r.epr.esent (1) the number of hours required and
- 9 -
4
(2) the site at which the work was done in the cases in which
this could be determined:
Number of. Hours Required
Ten to Twenty
Twenty-five
Thirty to forty
Fifty.
Seventy-five to one hundred
Sites Where Work Performed
Child's School
Public Park
Church
HRS Office
Private Nursing Home
Public Agency
Private non-profit agency
Private Business
At Home
Public Library
Percentage
22%
24%
18%
28%
8%
Percentage
24%
12%
9%
8%
6%
15%
12%
3%
3%
3%
Assuming a child is on Community Control for sixteen weeks
with fifty hours of community service, this averages to three
hours per week, hardly a formidable sanction. One must ask how
constructive such minimal work is , and also whether the time and
manpower required to supervise the worker and to see that the
hours are actually completed are cost-effective. Again, an
entire unit of caseworkers has the exclusive function of monitor-
ing the community service so that, in theory, each community
service participant has two HRS caseworkers, one to monitor the
child and the other to monitor his community service. A final
question that should be asked is how much of a community service
is actually performed in the carrying out of these tasks.
In the files examined we found not a single instance of a
child's failure to complete sanctions. While one might argue
that all children are completing all their sanctions without
incident and without exception, the probability is that the
counselors are unable or unwilling to properly enforce sanctions.
Eight out of ten of the counselors responded "often" or "sometimes"
to the question "Were children honorably/successfully completed
on community control when their conduct didn't really warrant it."
l'urthetmore . of 172 t rmination summaries we ext-Ainined very few
made mention of technical violations of sanctions in spite of
the fact that 11RS regulations mandate this. In that nearly half
of the families interviewed stated their child had not actually
completed community service, this would seem to indicate that
sanctions, in addition to being benign, are generally unenforced.
r
While we understand the counselor's reluctance to return
a child to court for the failure to adhere to a curfew or to
complete the required hours of community service, we feel
strongly that the failure to enforce imposed sanctions is more
detrimental to_a child's rehabilitation than the failure to
impose any sanctions at all. If the lesson of sanctions is
intended to be that the failure to follow the rules will lead
to immediate specific consequences, the lesson implicit in
unenforced sanction is precisely the opposite.
The questionnaires completed by the caseworkers indicate
that they feel, in 96% of responses, that sanctions are "totally"
or "very" important. Yet the two most frequent responses to
"How can sanctions be made more effective?" were that the
sanctions were (1) unrealistic and too demanding, and (2) that
stricter sanctions were needed. Also nearly half of the responses
felt that Community Control paid only "somewhat" enough attention
to the planning of sanctions as well as to the participant's
carrying out of the sanctions.
In finding that the sanctions presently imposed are un-
imaginative we are not unaware of the difficulty of creating
"imaginative sanctions." Yet we feel that the attempt should
be made. Rather than require a child to pick up papers in a
park for twenty-five hours, that child might be required to
tutor another child for the same amount of time, assuming he or
she is capable. If the child i.s a poor student or incapable of
tutoring, as will often be the case, that child might be required
to receive tutoring for twenty-five hours, Possibly from another
child performing hi-s or lie►- community service, 017 from a co:,1-
muni.ty volunteer or coitimunity program.
8. Treatment
Over the past decade, the Juvenile Justice System has on
several occasions revised its assessment of the importance of
"rehabilitation" as an objective. The Community Control law,
with its emphasis upon "sanctions," moves away from the traditional
emphasis upon "counseling" or "therapy." Yet, by calling for a
treatment plan to be individually prepared and carried out in
each case, the law does not elect either sanctions or treatment
as the predominant goal of Community Control, and instead calls
for the existence of both in equal measures.
The caseworker questionnaires indicate that while 73% of
responses felt that treatment plans were "totally" or "very"
important, more than half felt that Community Control paid only
"somewhat" enough attention to the preparation of treatment plans
and half of those responding felt that Community Control paid
only "somewhat" enough attention to the carrying out of treatment
plans, or that not enough attention was paid. Also, while 29%
of the caseworkers indicated that they "always" individualized
their own treatment plans, 85% felt that their co-workers
individualized their treatment plans only "sometimes" or "usually."
The"treatment" identifiable as part of the 172 files with
such information included the following "treatment" as part of the
overall sanction -treatment plan:
Treatment Percent of Cases
Regular school attendance 45%
Attend a program 36%
Counseling 8%
Regular contacts with
Community Control caseworker 22%
Employment 6
Psychological evaluation 2%
Family counseling 2%
Croup counseling n%
Therapy 4%
It is interesting to note that only one out of three youths
is referred to a corr:runity program and that only one in four is
diverted to therapy or. counsel:i.n ; of any other type.
- 12 -
Of the 62 youths referred to community programs, the
referrals were of the following types:
Program
Drug program
Community counseling
Mental health
Family counseling
Vocational Training/CETA
Miscellaneous
Dade Miami Institute
Percent of
Percent of
Cases Referred
all Cases
26%
9%
24%
9%
13%
5%
8%
3%
8%
3%
15%
5%
6%
2%
100% 36%
The Fall Term 1979 Grand Jury referred to the minor role
played by community programs in juvenile justice, either due to
lack of programs and/or lack of HRS referrals, and our data
certainly bears out that finding. In light of the low employ-
ability skills level and low income level of most delinquent
youths, it is sad to note that only 3% of the 172 cases were
exposed to a CETA job training program. That situation has
changed somewhat due to implementation of the Alternative Youth
Employment Strategies Program (AYES) in mid-1980. It appears,
however, that due to federal budget cuts that program, which the
Grand Jury visited, will be cut back or eliminated in October.
We strongly recommend that the South Florida Employment and
Training Consortium continue to fund this program.
Given the limited number of referrals to community programs
or to specific counseling programs, the "treatment" component is
more often than not left at "regular contacts with counselor" and
"regular school attendance." Assuming the contacts were in fact
"regular," the interaction between participant and HRS counselor,
assuming a small caseload, might well be an acceptable form of
"treatment." Our study clearly reveals, however, that this is
not the case.
The average Community Control worker's caseload is presently
36, due to the short periods of supervision (3-4 months), which
have replaced the pro -community control juvenile program caseloads
of 70 to 100.
- 13 -
Vhen asked to give the average number of personal contacts
' made with each child and/or child's family per month, responses
varied from as few as one contact per month to as man as nineteen
P Y
i
(this wide range would indicate a lack of policy as to numbers of
contacts on the part of HRS). The average number of contacts
which the counselors reported they made for each child each month
was between five and six. However, our review of the files in
which contacts are recorded reveals an incredibly low average of
one personal contact per child per month. Even granting the fact
that low contact numbers are not necessarily the caseworker's
fault (children often fail to appear), this situation clearly
indicates that little meaningful interaction can occur between
a child and a caseworker who are seeing each other only once
per month.
The two most frequent caseworker responses to the question,
"How can treatment be made more effective?" were "More resources"
and "Smaller caseloads." It is probably quite true that more
community resources are needed (although the question remains as
to how effectively the caseworkers are using those that do exist),
but is clearly not true that caseloads are too large. A case-
load of 36 is clearly manageable and the true response to how
treatment might be made more effective may lie within the
individual caseworker's ability to maintain adequate contacts.
Here again we see evidence of what appears to be a failure
on the part of HRS to make clear exactly what Community Control
is and what it is supposed to accomplish. One interesting
manifestation of this, in the context of caseworker -child contacts,
relates to answers to the question "What was the purpose of a
personal contact with a child?" The principal answers included
the following:
■
Assess functioning and discuss progress of: sanctions
Develop rapport and make sure court order followed
Carry out sanctions
Counseling
Di.: CUSS P370W.e111s
Discuss cormzunity control agreement
Make child aware he's on probation
- 14 -
^At A, �
The range of responses indicates a lack of a clear under-
standing by the counselors of what it is they are supposed to
be doing. And the range also reflects an underlying confusion
as to whether the emphasis should be upon sanctions, or upon
treatment, or somewhere in between.
J
In any event, the number of personal contacts is unaccept-
ably low. Sparse caseworker contacts, coupled with few program
referrals, non -individualized treatment plans and sanctions that
are of questionable value appear to be collectively the principal
shortcomings revealed by our study of the Community Control
program.
VI. AN EVALUATION OF RECIDIVISM
It should be noted at the outset that recidivism (rearrests)
do not represent the only measure of how effectively a rehabilita-
tion program is operating. Yet, clearly, to be justifiable, a
program should be able to demonstrate some impact upon recidivism.
In order to measure the effect of community control, we have
tabulated the rearrest rate of participants, as well as of a
comparison group of youths who were of the same age, sex and race
as the participants and who were charged with the same crimes at
the same point in time. The only difference in the handling of
the groups is that the participants were placed in community
control and the comparison group cases were handled non -judicially
and were not placed under supervision.
The rearrest rate (which does not include status offenses,
such as truancy or ungovernable, or dismissed criminal charges)
of the 184 participants from January 1980 to the present (14 months)
is as follows:
Record Prior to Subsequent
Corm. unity Control No. ILrrests�
V.one 76 1?_
One Arrest 51. 22 (437,)
liore thin one Arrest 39 18 (46%) (48%)
Prior Probation 1.& 12 (6 7%)
1.84 64 (35%)
- 15 -
eA
It is clear that the 35% rearrest gate overall, while in
itself high, is in fact a composite of two quite different rates
of rearrest, with one relatively low rate (16%) for offenders
With no prior record, and another very high rearrest rate (48%)
for those with prior arrests. And it would appear that the
greater the prior involvement with the juvenile system, the
greater the subsequent rearrest rate.
In looking at the comparison group rearrest figures we
find the same pattern:
Record Prior to
Disposition
None
One Arrest
More than one Arrest
Prior Probation
Subsequent
No.
Arrests
56
7 (13%)
24
6
9
6 (40%)
7
4
96
23 (24%)
These figures indicate that youths not placed in Community
Control, youths who are returned home without assignment to
community control caseworkers, are no more likely to be rearrested
than youths placed in community control. Stated another way,
community control has no demonstrable impact upon a child's like-
lihood of being arrested again.
In that substantial number of the youths in our study
turned eighteen since January of 1980, when they completed
community control, we also have checked the adult records of
this group. Of these 71 youths, seventeen were arrested as adults,
with eleven of them having not been again arrested as juveniles
before turning eighteen. If these are added to the recidivism
rates, the rate for those with no prior offenses becomes 21%, and
for those with prior records the rate becomes 55%, and the overall
rate is 41%.
These figures clearly support the often repeated adage that
the further a child penetrates into the juvenile justice system the
more likely that child is to cotmnit further offenses. Another way
Of stating this 1.s that children with no prior records are much more
likely to succesSfUlly Complete any program: than those vho have
16 -
prior records. However, in treating both groups of children
virtually identically Community Control may be paying excessive
attention to children who do not need it and inadequate attention
to children who need it most.
Our statistics might be interpreted as support for those
who take the position that, in the field of corrections, "nothing
works." We do not share that pessimistic approach and we attribute
the failure of the present Community Control program to the short-
comings we identify in this Report. We feel these shortcomings
can be corrected and we share the conclusion stated in a Law
Enforcement Assistance Administration report on -the successes
and failures of community corrections programs:
In the 1960s we may have been too quick to accept
uncritically the apparent success of community
correctional programs. Now, with the swing of
the pendulum and the shift in the national mood
to one of skepticism about rehabilitation, we
stand in danger of reaching opposite but equally
simplistic answers to the same complex questions.
In the context of our present finding regarding the need for
Community Control to deal with different groups of participating
youths in different ways, the same.L.E.A.A. report states:
What's needed is the "common sense" recognition
that people become entangled in the justice
system for an almost infinite variety of reasons.
The task is to identify patterns of problems
which lend themselves to patterns of solutions
and to develop the acuity and flexibility to
relate one to the other.
i
VII. CO1414UNITY CONTROL: THE COUNSELORS' AND
THE FAMILIES' ASSESSMENTS
i
A. The Counselors' Assessment
The fifty counselor questionnaires, u-bile perhaps on occasion
containing self --serving answers, reveal much about the Corirunity
Control program.
tress:
As to the critical questiuns dealing with overall effective -
Q - To what extent was your job rewarding?
A - Totally: 6%, Very: 10., Reasonably: 45%,
A little:`33%, Not at all: 6%
17 -
- To what extent did you help children?
A - Very much: 16%) Considerably: 42%, A little: 42%,
Not at all:`'
To what extent does Community Control help children?
A - Very much: 4 Considerably: 33 A little: 61%,
_ Not at all:`-Y%
These responses summarize the results of the questionnaires:
The caseworkers felt that they helped children "a little" to
"considerably," but felt in nearly two out of three responses
that Community Control helped children only "a little." This is,
obviously, less than a full vote of confidence by those who work
there.
Some of the other information provided by the questionnaire:
-72% of caseworkers felt their caseloads were too high
or much too high.
-100% felt they were paid too little or far too little
and 53% felt that they work a little less or a lot less
than they can as a result.
-52% put their morale level at low to lowest and 57%
put their co-workers' morale level'at low to lowest.
-The principal factors which negatively affect morale
are (1) the pay (98% rated it neutrally to very
negatively), (2) the administration (90% rated it
neutrally to very negatively), (3) the caseload
size (90%), and (4) in-service training (75%).
-The principal factors which positively affect morale
are (1) feeling I am helping kids (78% of responses
rated it somewhat positively to very positively),
(2) working with kids (70%), and (3) my supervisor (70%).
-Positive feelings regarding the Community Control
supervisors.were consistent throughout the responses:
only 12% perceived their supervisor's job commitment
as low and three out of four responses saw their
supervisor as receptive to caseworker input and said
they felt free to speak to their supervisor. Nine
out of ten responses stated they felt their super-
visors cared about individual cases.
-61% of responses rated their personal job commitment
as high to highest, but the same respondents rated
commitment of their co-workers as only 12% high to
highest, with 28% low to lowest and 60% middle.
-Likewise, 79% of respondents stated they cared "a lot"
about their individual cases, but the sane respondents
felt that only 38% of their co-workers cared "a lot"
about their own individual cases and 44`/, felt their
co-workers cared only "somewhat."
- 18 -
-817, of responses felt that children were successfully
completed 4ihen their conduct really didn't Warrant
it with "trying to reduce a high caseload" the
principal reason.
-Approximately 6010 of responses felt that participant -
caseworker contacts were neither frequent enough nor
extensive enough.
B. The Families' Assessment
Elsewhere in this Report we express our feeling that
Community Control can work. It is in large part from our inter-
views with the families of the children under community control
that we derive this optimism. Our interviewers spoke with thirty-
three families. The families were interested in, and aware of,
their children's situations. Eight out of ten of these felt that
their child's counselor was somewhat or very effective although,
paradoxically, four out of every ten reported that the counselor
never visited their home. This may indicate that parents'
expectations of counselors are limited and that even minimal
services are much appreciated. Nevertheless seven out of ten
parents felt sanctions were meaningful and eight of ten families
• felt the treatment plans had a positive effect. Men asked to
identify the most important service provided by Community Control,
the most frequent responses identified the counseling provided
by Community Control and that "my child was taught a lesson."
In another apparent contradiction, however, nearly half
of all families related that their children had not in fact
completed their required community service and that, of these,
none were disciplined or required to complete the sanctions.
This finding supports our observation that the Community Control
program does not adequately enforce the performance of sanctions.
It is also significant that more than half of the parents felt
that counselors should supervise the participants snore closely
and that more follow-through should be provided for the irnplemen-
fation of: treatment pl.ins. I•►any parents felt that Co: mLinity
Control was too lenient, yet sympathized tai.th Clio counselors for
their hava.np, to deal with excessively l,iF11 caseloads . Half of
- 19 -
t
the families felt their children would have benefited from more
counseling.
The reservations notwithstanding, the parents interviewed
supported the Community Control program and expressed clearly
positive impressions of the counselors assigned to work with
their children.
In summary, parents felt that both sanctions and treatment
were important, but at the same time felt that Community Control
should have provided more of both. It is clear that counselors
should allocate more time to field visits. Personal contact
between counselors and children is essential to any theory of
rehabilitation and the parents interviewed support this fact.
Why these essential personal contacts are not taking place is
a critical question that must be addressed at once.
VIII. RECONMMATIONS
In the Introduction to this Report, we stated that we do
not wish or intend that our findings be met with a sense of
hopelessness. We do not find the Community Control concept to
be unworkable and we feel that the Community Control program
can be revitalized.
We note that, despite clear evidence of low morale, the
majority of caseworkers do feel that they enjoy working with
youth and feel they are helping youth and we wish to translate
these feelings into programmatic accomplishments that clearly
indicate to the community that youths can be rehabilitated.
We also note that HP.S is staffed with many dedicated,
capable and conscientious administrators and we wish to specifi-
cally thank Jack Richardson, Marilyn Smith, Robert Taro and
Sidney Shapiro for their assistance and professionalism.
We find a need to totally readdress the objectives and
the present operational procedures of the Copi.,unity Control
program and we find that this can be accomplished within the
- 20 -
confines of existing HRS resources and existing IIRS staffing
and personnel,
Our recommendations are as follows:
(1) An immediate meeting of Juvenile Court Judges, HRS
officials, and representatives of the State Attorney's Office
and other concerned agencies should be convened at once in
order to develop a plan and a timetable for the implementation
of the recommendations contained in this Report.
(2) The Community Control Advisory Board, called for by
the 1978 legislation, has not been meeting let alone advising
of the Court of the diversion programs and dispositional
alternatives" as is called for by the law. The Board must be
revitalized and broadened in order to include representation of
community counseling and mental health programs and substance
abuse and manpower programs. A strategy must be developed for
the generation and utilization of community resources by the
community control program. The Advisory Board should also
assist HRS and the Courts in defining the relative emphasis to
be placed upon sanctions and treatment and the method of re-
conciling these contradictory objectives and for their implemen-
tation in a meaningful way.
We also recommend that one or more Community Control
counselors sit on the Advisory Board.
(3) We recommend that profiles of different categories
of youths be developed. Our data suggests that Community Control
participants will be dealt with best by utilizing different
strategies. A low risk first offender group should be dealt
with on a non -reporting status or by referral to a community
program with that program assuming responsibility for that child,
thus permitting utilization of counselors for the more intensive
supervision of higher risk youths. The low rise: youths not re-
porting to a counselor and those assigned e:•:clusively to co;.-.-
munity programs could be monitored by paraprofessionals.
- 21 -
'I`
(4) Volunteers should be recruited to perform such
services as monitoring school and program attendance so that
counselors may devote themselves fully to supervision and
counseling.
(5) Inservice training must be dramatically improved.
J
Currently field counselors are working with little or no field
related training. Intake currently employs a trainer and that
trainer should also be available to field units to assist them
and at -the same time to improve communication between Intake
and the field. We urge the immediate development of thorough
inservice training designed to clarify the ambiguous objectives
of community control and the nature and relationship of treat-
ment and sanctions.
(6) Coordination must be'developed between HRS Intake
and field Community Control and the Courts, so as to specify
responsibility for development of sanctions and of a treatment
plan. We urge clarification of the roles of Intake and field
counselors and of the Judges regarding responsibility for
sanctions and treatment plans.
(7) We find it essential that violations of community
control are met with predictable consequences. The theory of
sanctions is based upon the proposition that violations of
accepted norms will be met with identifiable consequences.
Presently, such violations are ignored and youths are rarely
disciplined for violating community control obligations. This
must not continue. We believe that one method of enforcing
sanctions may be accomplished by Juvenile Court Judges assigning
flexible sanctions so that a counselor would have the authority
to address violations with the imposition of additional sanctions.
We believe that if our system is to maintain its credibility
violations must be disciplined and not overlooked. We also
recommend the creation of an administrative process within eem-
munity control. which will monitor violations of community control
agreements and modify plans without the need of returning to Court.
fM T
(8) Consistent with our objective of restoring credibility
and authority to the system is our recommendation that law
Violations committed while on Community Control be met with
predictable increased punishment: youths on community control
must.expect and receive an escalation of sanctions as the result
of subsequent crimes, and not merely a continuation of the
original plan.
(9) The present system of assigning a separate "restitution
counselor" to monitor a community service plan should be re-
assessed. The role of the restitution counselor should be
expanded so that the unit becomes the nucleus for developing jobs,
making available community resources and integrating these resources
into more meaningful treatment plans. Their services would be
available to all community control participants (except those low
risk youths who would not be reporting to a counselor at all) and
they would not necessarily be required to monitor individual cases.
(10) Aftercare, or furlough, cases should not be handled
on the same caseload (nor in the same manner) as community control
participants. That community control caseworkers simultaneously
handle low risk and high risk community control cases as well as
very high risk youths on furlough from institutions clearly
indicates a failure to adequately recognize that all youths should
not and cannot be treated in the same manner if anything meaningful
is to be accomplished.
(11) Counselors must spend as much time as possible in
personal contacts with youths. Clear guidelines must be developed
as to the number of personal contacts to be required of counselors
and participants, and inservice training must be instituted to
render the contacts meaningful. We recommend that resources be
implemented to assure that maximum time be allocated to field
visits and we will transmit to }II;S a series of specific recon,,men-
dations Prepared by one of our witnesses.
Also, documentation of contacts must be required and
progress reports should be prepared and periodically and regularly
- 23 -
' n �
reviewed by supervisors. The supervisor reviews of counselor
files called for by the 11RS manual do not appear to have been
done with any regularity.
(12) In addition to the need for more field contacts, We
see a need for the increased utilization of community resources
by counselors and an increased awareness of available resources.
(13) The attempt must be made to formulate more creative
and meaningful sanctions than presently exist. Rendering and
receiving tutoring, for example, is more meaningful than picking
up trash in a public park.
(14) Positive incentives to completing sanctions, such.
as deleting part of a requirement for good behavior, should be
considered as a helpful way to encourage and focus upon positive
behavior.
(15) We recommend that the Spring Term 1981 Grand Jury
attempt to assess the effectiveness of the various community
programs which offer services for youthful offenders. During
our term we visited a number of programs for juvenile offenders.
It is our sense that programs vary greatly with respect to
effectiveness, and the community and the juvenile justice system
should be provided accurate information regarding what services
the various programs offer and how effective they are.
(16) The South Florida Employment and Training Consortium
must continue to have a role in the community control program,
despite the difficulties inherent in budget cutbacks. A repre-
sentative of the SFETC should sit on the Community Control Advisory
Board and every attempt should be made to continue the Alternative
Youth Employment Strategies Program.
(1.7) A computerized records system must be introduced at
once. Repeat offenders should not be treated as first offenders
because their previous records are lost or misplaced.
(1.8) Li.spositional hearings must be given increased
emphasis so that court orders contain individualized sanctions
and treatment plans. The 1978 legislation contemplated an
- 24 -
expanded role for the dispositional hearing, and this has not
occurred. For the community control concept to be viable, it
must have the support of the Judges and the Judges must work in
concert with HRS to expand the role of the dispositional hearing
and to develop realistic sanctions and treatment plans.
(19) HRS has advocated and developed a check list form
to be routinely made part of all Court Orders. This list would
include sanctions and treatment plan components which the Judge
might wish to include in the Court Order. We recommend that this
procedure be adopted in that it would permit each offender to
leave the court room with a copy of the list and a clear conception
of what Community Control will require. This procedure would also
significantly shorten the time lag between dispositional hearing
and the first field contact. This time frame is in theory 48 hours
but in reality is generally weeks.
(20) The inadequate salary levels for HRS counselors is
having a devastating impact upon morale and performance. The
turnover rate for field counselors last year was one hundred
• percent. One counselor vividly communicated his frustration at
learning that a seventeen year old he placed in a blue collar job
was earning more than he was. Many of our recommendations con-
template a well trained and experienced staff, and this will
remain an impossibility unless the Florida Legislature addresses
the issue of inadequate salaries.
(21) Finally, we recommend that the Spring Term 1981 Grand
Jury monitor progress at meeting our recommendations and that their
Final Report include an assessment of how our recommendations have
been implemented. One community control counselor wrote us as
follows:
Please do something. Don't let this be
another paper in a mountain of papers
without any actions.
We clearly do not intend this Report to he another paper
in a mountain of papers v ithout any acti
- 25 -
A COMPILATION OF YEAR END STATISTICS
AND OTHER INFORMATION RELATING TO THE EXTENT
OF CRIME IN DADE COUNTY
R
OBERT A. CERVANTES, ESQ.
COMPILED BY THE STAFF OF
THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL
UNDER THE DIRECTION OF
WILLIAM F. MORIARTY
AND AN ANALYSIS BY
SEYMOUR GELBER
OFFICE OF THE DADE-MIAMI
CRIMINAL JUSTICE COUNCIL
JEFFREY M. SILBERT, PH.D.
EXECUTIVE DIRECTOR
DECEMBER 20, 1981
m
ANALYSIS
Seymour Gelber, Chairman, Criminal Justice Council
"We Have Turned The Corner"
Current crime statistics describe a community in deep concern - fighting back -
and now beginning to see signs of success.` Although the murder rate in bade County
is still of serious proportions, and shows no signs of abatement, there are indications
that the ever rising spiral of other serious crime have been halted and prospects for
a general decline are not only possible but likely.
At the request of Council Member Dr. Bill Stokes, a survey of up -to -the moment
crime data was made by the Council staff. Dr. Stokes is active with the Greater Miami
Chamber of Commerce and sought this information for the Chamber's current anti -crime
effort.
It is apparent from all the evidence that the Dade County crime peak occurred
in the Fall of 1980 and has since gone down in many categories. While the rise was
sharp and clear, the decline has been slow and irregular but still certain. Much of
the current public fear is based on that rapid crime rise last year, notwithstanding
that there now are many indications to the contrary. For example, the town of Golden
Beach recently received national attention when a newly elected council chose to
close their streets to non-residents because the number of 1980 burglaries had more
than doubled over the preceding year. They actually closed their streets last month,
at a time when the number of burglaries in Golden Beach had already been in sharp
decline. At the height of their burglary rate from January to November of 1980, forty
burglaries were committed, but in that same period of time this year only .19 occurred.
In essence, Golden Beach took their action long after the crisis was over. It is im-
portant for Dade County to act firmly in response to the crime problem but the reality
of each situation, not fear, should govern.
-1-
An examination of serious Part I Crimes (Murder, Rape, Robbery, Aggravated
Assault, Larceny, Motor Vehicle Theft) statewide for the last seven quarters beginning
in January, 1980, shows a peak reached in the third quarter of 19800 and then a
fluctuating downward curve that appears to have flattened out. The same situation
appears to apply in Dade County and in sonte instances is even more evident.
As proof that crime is on the decrease one need compare the number of Part I
Crimes reported by the major police departments in Dade County for the first nine
months in each of the years, 1979, 1980 and 1981. In 1980 there were sharp increases
over 1979 whereas in 1981 almost every major city had a significant decline over
1980. In most all of the communities the rate of crime increase has slowed down
sharply and in many communities there has been an actual decline, but it is clear
that the peak of criminality in Dade County occurred in the Fall of 1980 and since
then has slowly decreased.
The Metro Dade Police Department showed a 16% total crime increase in 1980 over
1979 and then a 3% decrease in 1981 over 1980. In specific crimes they showed
homicides rising 65% in 1980 and going down 14% in 1981, Robbery a 62% increase in
1980 and a 3% increase in 1981, Burglary a 23% increase in 1980 and only a 4% increase
in 1981, Larceny a 13% increase in 1980 and a 12`S decrease in 1981.
The City of Miami showed a 37% increase in serious crime in 1980 and less than
a 1% increase in 1981. In specific crimes homicides were up 56% in 1980 and only
increased 9% in 1981, Robbery up 91% in 1980 and down 3% in 1981, Burglary up 30% in
1980 and dorm 4% in 1981, Larceny up 25% in 1980 and 10% in 1981.
As in Miami and in Dade County, other cities also showed a substantial decrease
in almost every crime category in 1981. The City of Miami Beach had a 40% crime
increase in 1980 which declined to a 15% increase in 1981. A more recent Miami Beach
report showed a sharp turnaround in the four month periods of August through November
-2-
40.
•40
with an actual decline of 20% in Class I crimes over that same period in 1980.
Hialeah showed a 31% crime increase in 1980 over 1979 followed by only a 2% increase
in 1981 and Coral Gables a 23% increase in 1980 and a 12% decline in 1981, Although
both cities showed large 1981 increases in Homicide and Rape, they also showed sub-
stantial decreases in other categories in.J981.
Juvenile delinquency continues to move downward. The 1981 mid -year data issued
by the Florida Department of Law Enforcement showed a 13% decline in number of
arrests statewide. This is part of a.national trend that includes Dade County: The
rate of juvenile delinquency will continue to decline for the next several years if
for no other reason -than the lowered birth rate of an earlier decade. The 1980 census
showed 6 million less children in the United States between the ages of 5-14 than
the 1970 census. Whereas 1980 was the peak year for crime generally in Dade County,
juvenile crime decreased 12.7% over 1979. In fact, the under 18,000 juveniles arrested
in 1980 equals the average yearly arrest rate for the entire decade of the 1970's.
As to 1981, a preliminary report from the Metro Dade Police Department for the first
eleven months of 1981 shows an 8% decline in Part I arrests over the same period in
1980. Figures also show that most of the violent crime - murder, rape, robbery,
aggravated assault - are committed by adults. Florida juveniles were arrested for
only 20% of the violent crimes in 1980, a 4% decrease since 1975. Recently released
data from Miami Beach, for example, show juveniles arrested for only 7% of these
violent crimes for the first 10 months of 1981, a significant decrease over prior
years. The inaccurate impression of the extent of juvenile crime is probably based
on the sometime wanton and unnecessarily cruel behavior juveniles display during
the commission of a particularly violent crime. These incidents are not typical,
but because of the age of the perpetrator get maximum media attention.
-3-
L
LJ
0%,
Our public schools also seem to be getting a handle on school crime. Latest
statistics show significant progress in assuring school safety. Acts of vandalism,
constituting the highest number of all school crimes, were down 17% in the term
ending June, 1981. A more recent report comparing the school quarter July through
September, 1981, with the same period in iN0, showed a 24% decrease.' Arson incidents
are down 22%. Arson and vandalism together cost Dade County close to two million dollars
yearly. Burglaries of school buildings showed a 25% increase in the 1980-81 term over
the 1979-80 term but in the recent four month 1981 comparison with 1980 there was a
39% decrease. The success of the new beefed-up night patrols is evident in the fact
that Carol City Nigh School had 63 break-ins last year and only two this year and
Douglas Elementary had 78 break-ins during 1980 and none in 1981. Robbery which had
a 57% increase in the 1980-81 data slowed dawn to an 18% increase in the recent four
month comparison between 1980 and 1981. Possession of weapons increased 59% in the
1980-81 school year, yet the four month study comparing July through September, 1981,
with the same period in 1980 shaded an 8% decrease in those kinds of crimes. Overall
there was a 10% increase in reported incidents during the 1980-81 school year ending
in June over the previous year but the more current four month study comparing 1981
beginning with July 1980 shows a 15% reduction in the total number of school crimes
reported. Evidently, tightened security measures have been showing positive results
in the past sixteen months, particularly the last four months where the decreases
in incidents of crime are impressive.
There are other positive actions being taken throughout the County. Metro Dade
has had an increase of four hundred police officers since early 1980. Miami Police
Department has increased by 165 officers. Other local departments have also increased
police officers on the street or are in the process of so doing.
-4-
i
Major progress has been made in providing facilities for persons awaiting trial
L0
as well as those sentenced. A 600 bed state prison, a 100 bed community correctional
center, a 200 bed forensic facility and 140 bed juvenile detention facility all have
been funded in great part, and are in various stages of planning. In addition, 440
new pretrial beds are now available to alleviate local jail overcrowding. Further a
Master Flan for Criminal Justice Facilities for Dade County is being coordinated by
a Committee headed by Chief Judge Gerald Wetherington that will document our needs for
construction of criminal justice facilities through the year 2000.
In addition, the State Attorney's Office has had 45 new positions filled and
additional judges have been provided to meet current court needs. Regrettably the
federal law enforcemenet structure has not kept pace with the state effort in pro-
viding additional personnel.
In terms of sentencing, there has been a sharp increase in the number of convicted
persons incarcerated in state prisons from Dade County. In the year ending July, 1980,
a 7% increase over the previous year was noted for offenders sentenced to state
prison and in the year ending July, 1981, a 54% increase was shown. This, alongside
the fact that the latest report shows a 35% decrease in the number placed on probation,
will hearten those who endorse tougher sentencing policies.
The extent of Mariel refugee crime and the seriousness of it is still undeter-
mined notwithstanding some of the violent crimes with which some few of them have
been charged. Most of the arrest data are inconclusive since determining with
certainty which Hispanic surnames are Mariels is a difficult task. The available
information points to the likelihood that this group was never as ominous as
pictured in the past and the prospects are that their criminal activity in the
future will continue to diminish rather than accelerate. A questionable indicator
of Mariel refugee involvement in crime is data showing a rise in Dade County jail
inmates with Hispanic surnames beginning in 1979 and continuing to date. This
-5_
may reflect a rise in Hispanic population generally, but it can not be attributed
solely to the Mariel influx. Perhaps a good indicator is the Magistrate Bond
Hearings where those in jail seeking release on bond are interviewed and community
ties as well as origins must be established in order to be released. Their records
J
point out that the largest number of Mariels were incarcerated in the September
through November 1980 period, which by the way, coincides with the high peak of Dade
County criminal activity. In the early part of 1981 their number at bond hearings
began to decrease and comparing the 1980 high period with the same period this
year there are 23% less Mariels seeking a bond release from Dade County Jail. The
City of Miami Beach also appears to have made an effort to obtain data that accurately
separates Hispanic surnames from Mariel refugees. In a report on Part I Offenses the
Miami Beach Police show Mariels arrested for committing 55 crimes during September
through November, 1980, and only 20 arrests during that same period in 1981. It
should be noted that the Hispanic population on Miami Beach is rapidly increasing
and that while the Mariel crime in that three month period in 1980 constituted 19% of
the total Hispanic surname arrests, it only amounted to 5% of the total number of
Hispanics arrested in 1981. Of further interest in regard to Mariels is that only
an insignificant number of the 12,000, age 10-18 year old refugees have been adjudicated
as delinquents in Juvenile Court. In addition, a Department of Corrections spokesman
also advises that only 42 Mariel refugees are in the state adult prison system.
Whatever the extent of Mariel criminality, the likelihood is that it reached its
highest peak in the Fall of 1980. On the evidence at hand it appears to have
diminished to a considerable extent.
An examination of all the available data on crime in Dade County illustrates
a continued serious problem, but there is also ample evidence that we have turned
the corner and that the forces of the community are in control.
-6-
v
M
SUPPORTING DATA
f
COMPARISON OF TOTAL PART I REPORTED OFFENSES
JANUARY - September, 799 80, 81
79-80
79
80
% Chg.
Metro Dade Police
56,268
J
650043
+ 16%
Department
City of Miami Police*
28,521
38,940
+ 37%
Department
Miami Beach Police
5,481
7,713
+ 40%
Department
Hialeah Police
6,329
8,315
+ 31%
Department
Coral Gables Police 3,501 4,323 + 23%
Department
80-81
81
Ch ,
639300
- 3%
39,011
+ Less Than 1%
8,887
+ 15%
8,472
+ 2%
3,772
- 12%
* Third quarter portion of 1981 figures are estimated. Therefore, total Part I
reported offenses for the City of Miami for 1981, is an estimated figure.
-7-
Ew
METRO
DADE POLICE
DEPARTMENT
f
REPORTED PART I
OFFENSES
JANUARY
- SEPTEMBER, 79, 80, 81
79-80
80-81
79
886
% Citg.
81
% Chg.
Homicide
144
238
+ 65%
204
- 14%
Rape
337
436
+ 29%
429
- 2%
Robbery
2,530
4,107
+ 62%
4,226
-I - 3%
Aggravated Assault
10,143
9,200
- 9%
9,730
+ 5%
Breaking and Entering
14,651
18,000
+ 23%
18,686
+ 4%
Larceny
25,047
28,305
+ 13%
25,047
- 12%
• Motor Vehicle Theft
3,416
4,757
+ 39%
4,978
+ 5%
TOTALS
56,268
G5,043
+ 16%
63,300
- 3%
i�
L 'I
�► A
CITY OF MIAMI POLICE DEPARTMENT
REPORTED PART I OFFENSES*
JANUARY - SEPTEMBER, 799 80, 81
79-80
80-81
79
sb
%
Chg.
81
% Chg.
Homicide
100
156
+
56%
170
+ 9%
Rape
216
245
+
13%
307
+ 25%
Robbery
2,570
4,915
+
91%
4,781
- 3%
Aggravated Assault
3,350
4,590
+
37%
3,257
- 29%
Breaking and Entering
7,675
9,970
+
30%
9,607
- 4%
Larceny
12,590
15,740
+
25%
17,548
+ 10%
Motor Vehicle Theft
2,120
3,480
+
64%
3,511
+ l%
TOTALS
28,521
38,940
+
37%
39,011
+ Less Than 1%
* Third quarter portion of 1981 figures are estimated. Therefore, each Part I
reported offenses for 1981 for the City of Miami is an estimated figure.
MIAMI BEACH POLICE DEPARTMENT
REPORTED PART I OFFENSES
JANUARY - SEPTEMBER, 79, 80, 81'
li
79-80
80-81
79
80
_ Chg.
81
% Chg,
j Homicide
4
10
+150%
15
+ 50%
Rape
18
55
+206%
34
- 38%
Robbery
253
492
+ 94%
457
- 7%
Aggravated Assault
170
462
+171%
475
+ 2%
Breaking and Entering
1,826
2,604
+ 42%
2,525
- 3%
Larceny
2,743
3,446
+ 25%
4,794
+ 39%
Motor Vehicle Theft
467
644
+ 37%
587
- 8%
TOTALS
5,481
7,713
+ 40%
8,887
+ 15%
-10-
E:
t
v,
ON, r
HIALEAH POLICE
DEPARTMENT
REPORTED PART I
OFFENSES
i
JANUARY - SEPTEMBER,
791 80, 81
79-80
80-81
79
IT0
% Ch .
2
81
ya Citg.
Homicide
i
13
11
- 15%
33
+200%
Rape
20
19
- 5%
24
+ 26%
Robbery
169
317
+ 87%
345
+ 8%
Aggravated Assault
966
1,155
+ 19%
11185
+ 2%
Breaking and Entering
1,130
13,778
+ 57%
1,628
- 8%
Larceny
3,538
4,323
+ 22%
4,482
+ 3%
Motor Vehicle Theft
493
712
+ 44%
775
+ 8%
TOTALS
6,329
8,315
+ 31%
8,472
+ 2%
-11-
i
CORAL GABLES POLICE DEPARTMENT
REPORTED PART I OFFENSES
JANUARY - SEPTEMBER, 79, 80, 81
79-80
79
80
% Chg.
.81
Homicide
5
2
- 60%
6
Rape
9
6
- 33%
11
Robbery
72
168
+133%
156
Aggravated Assault
247
271
+ 9%
253
Breaking and Entering
773
885
+ 14%
690
Larceny
2,218
2,788
+ 25%
2,462
Motor Vehicle Theft
177
203
+ 14%
194
TOTALS
3,501
4,323
+ 23%
3,772
-12-
80-81
% Chg.
+200%
+ 83%
- 7%
+ 6%
- 22%
- 11%
4%
12%
a
a
t
i
Homicide
Rape
Robbery
Aggravated Assault
Breaking and Entering
Larceny
Motor Vehicle Theft
TOTALS
SOUTH MIAMI POLICE DEPARTMENT
REPORTED PART I OFFENSES
JANUARY - SEPTEMBER, 80 - 81
80-81
80
81
b Chgr
1
2
+100
2
9
+350
124
108
- 13
132
134
+ 2
509
437
- 14
529
511
- 3
49
46
- 6
1,346
1,247
- 7
-13-
R
SOUTH MIAMI POLICE DEPART14ENT
REPORTED PART I OFFENSES
JANUARY - SEPTEMBER, 80 - 81
80-81
80
81_
Chg.
Homicide
1
2
+100
Rape
2
9
+350
Robbery
124
108
- 13
Aggravated Assault
132
134
+ 2
Breaking and Entering
509
437
- 14
Larceny
529
511
- 3
Motor Vehicle Theft
49
46
- 6
TOTALS
1,346
1,247
- 7
w
-13-
r,
3ER OF 1
• n r. : c 'T�
24,000
22,000 1
201?f
•
20,000
13,000 I \
16,000
t
14,000 1
1
7
TOTAL REPORTED PART ONE OFFENSES
UARTERLY
dS1 NUM3ER CF 1979
23 oa4- „-T,.,
2449
e:ro Dade
P.D.
r5s95
13475
t2985
Miami P.O.
�13853
9459
043
4,000
i c
3,500 -!-
i 3140 ialaah 3ir9 � �°�t9 P.D.
3� ib
3.000 1787 Z5'
t 2 Miami Beach
i :Ssi
z733 2709 P.D.
2,500 1+ 2338 22t 24`
2(�3
2.000 W99
iQa INS 1 Sfo3 t$1l
Coral Gables
11500 _;_ tb90 I7:Yo 1177 1379 1+23 t3t3 04 1253 t?:r,1 P.O.
f WZ
I tC t19Z-
1.000 1.. _
500
iU' 3ER GF --�197799
'ILENTS 1 2
I
I
100 _ 1.
I
bU —
GO
i
i
I
40 -
I
20
0
1920
2
TOTAL REPORTED HOMICIDES
QUARTERLY
1931 NUISER OF 1979
2 3 4 I1,C:CE.ITS 1 2 3 4 T
1^
10
o Cadc
P.O.
8
6
i P.D.
4
2
0
o — —
1931 9)
2 3 4
Hialeah
II II it P.D.
aach
it es
Ir
TOTAL REPORTED PAPE
QUARTER
Ly
.UF.BER OF
25D —j-
1 20�
225 Metro Dade
178 P.O.
2W .
175 , \ 151
150 lll��i
13, 29 tog IOE
125 Its 115 t{Z. 102
Iq Miami P.
103
`4 ;9 9°
75 follr
50 57
25
0
1984 1981
NUdBEP. OF 19792 --� — — 'r'2 3 4
iRItOENTS rZ � 3
35 —E
� 31
i
30 -r
25 7
i
I
20 i
D. 1
15
f
10 P
5 —
0 4
Ap
-waER OF
1,500
1.000 -
500
0
v 25
it
TOTAL. REPORTED ROBBERY
QUARTERLY
1979
t10:;GER OF `2
3
4_ IPICICEIi5
225
200
175 -*
150
i
I
a`{"
7/3
75
50
25 23
0 —
225
13o t2"T
t03
s.
ir
,!iami Beach
14 - P.D.
r
ICE
s
Hiatea -
5=~rtc
Coral Gables
P.D.
TOTAL REPORTED ROBBERY
QUARTERLY
NU",3ER 0i 1979 1960 1931
INCIDENTS �2 ' —3� r Y 3 4 1 2 —3 —4
21 z5"
2,000 -
1,500
1,000
500
NUMIBER
225
225
200
176
175
tip Miami Beach
150
137
!�
!47
t3•cP.O.
125
I
136
127
tLS
t to7 to3 R lCr,
Hiateau .#D..
-h lr py 97
75 G3 '
50 J 51 5� 5G 5Z tiL
Coral Gables
25 23
3I P.O.
tto
0
i
TOTAL REPORTED AGGRAVATED ASSAULT
QUARTERLY
Issl
3 4
19BR
XUS43ER OF 3 A
It,CImN,TS
t4et;ro Dade P.D.
3553 z
3sHC
3,500 -� 333�8
3,000 -! �L ��/ Z914
2,500
t�t5
2,000
1,500
1,000
500
:tt 0K
ST�
450
400
350
300 1
I
250
200'
1j
150 —+
100
50
l` 49
0 1
42Y
37z,
µlaleah P.D.
t81
oil
�i
Beach P.D
t Gables P
u
TOTAL REPORTED AGGRAVATED ASSAULT
UARQ TERLY
1?80 1981 ?LUMBER OF
`USER OF 1979 a 2 4 -T-2 3 4 INCIP.Ei:T5
IIiCIou'-'s i 2
Metro Dade P.D. 450
355s
3,500 :z
3'Ho aao
I / 3Z�
' 3298 350
7
3.000 -� 0 r 307-2
2d}4L ry 2Jl4 300
1
2,500 -L 250
200
2.000
ISO
j I490
t,sDD tc� 13i�5 1490 l218 100
. 1z5c
I020 i 1005 4 I0350
1,000
Miami P.O.
0
500
49
let
!ah P.D.
57
Beach P.D.
I Gables P.D.
CF
if.; 1;i%TS
1980
TOTAL REPORTED BREAKING AND ENTEUNG/BURGLARY
QUARTERLY
1
2
NUMBER OF. 197
7,000
le760
�0
Metro Dade P.D.
6,000
.A775 5697
5,000 / 5Cg7
421G
4,000 -
3,000 -
2.000
1,000 —
i
900 —�
f
800 —
i
700 —�
600 57
500 —L
i a-
400 } 445
300 ,, a
200
100
o�
1980 1981 t
3 4 1 2 3 4 1 2 3 4
9(o7 Miami Beach P.D
93.5
✓� i
a77 043
r7 02
5�77Y 90 7og 7Sa
�v5(
y�� 52, 637
O�l2S
Hialeah P.D.
503 3((
2C 0
� �
37 240 �95
Coral Gables
P.D.
NLr,„..�
acR OF
I UDE ITS
10,000 —Y
9,wo -�
6145
8,000 _ 7839•
7,000
6,000 -
5,000 —
4,000
1
i
TOTAL REPORTED LARCUN
QUARTERLY
1931 NUMBER OF
3 1-7 2 3 4 INCIDENTS
1
I 78 Metro Dade P.D. 1.700 —}
9122 1,600
\9-507 c13to
E
1,500 !
� I
9971 >?�S7 1,300
1.200
1,100 -,
Miami P.D.
1,000 —
6591
900 —
800 —
700 —
600 —f
5CO
1979
1
t70Z
2 3 4
Miami Beach P.D.
577
ileah P.O.
` 3A
1 Gables. PA
r
1u:33ER OF
1,700 -4-
1,600 i
1,500 -
1,400 -
1.300
1,200
1.100
1,000
goo
Boo
700
60J
132
TOTAL, REPORTED MOTOR VEHICLE THEFT
QUARTERLY
Nut-13 R OF 197
t98O 1981 4 1riCICEiiTS T?+
Z— 3 4 � q
1743 1
Metro Dade
P.D.
300 -4
153r �3 250 - t
1439 4
ri-SS 12,52.
1163
Miami P.O.
1o76
2T7 Hialeah P.D.
Miami Beach P.0-
22$
ZO(,
200 ZOLi7
157 ..S✓ IZI
157
Coral Gables P.O.
10O
78 B3 �S L c
66 tot $5 taro 59 56
50 S0
0
NUM3ER OF
I:CICE.TS
T
t
1.700
-�
1,600
-�
t
1,500
1,400
—�
02,9
1,300
1,200
I
1,100
—
900
Soo
-
7G0
"0
60J
1979
i 2Z2.
1
1743
TOTAL REPORTED MOTOR VEHICLE THEFT
QUARTERLY
1931 NU MER OF 197�
L 3 a INCIDENTS 7-2
� l;s
71744
tetro Dade
P.G.
' !S3 Y
u�3
t939
01 125Z
X1183 j
Miami P.O.
ICU
1076
300
198i •�
277 Hialeah P.Q.
250 —r - \#
' 235 Miami Beach P.D.
223
150 L�57 ,`.:Z 153
100 i Coral Gables P
50 -� 5o SS .59 58
0
T
Revised 1/05/82
COMPARISON OF DADE COUNTY OFFENDERS
SENTENCED TO THE STATE PRISON SYSTEM
FY 78-791-79-80, 80-81*
t
78-79
79--80
% Change
80-81
1,118
1,193
+ 7%
1,350
COMPARISON OF DADE COUNTY FELONY OFFENDERS
SENTENCED TO'PROBATION
FY 78-79, 79-80, 80-81*
78-79 79-80 % Change 80-81
3,625 3,784 + 4.4% 3,160
*Covers State fiscal period of 7/01 through 6/30.
-22-
m
%Chan e
+13.2%
% Change
-16.5%
*VK *!�
TOTAL OF MARILL BOATLIFT
DETAINEES ATTENDING BOND HEARING
July, 1980
August, 1980
September, 1980
October, 1980
November, 1980
December, 1980
January, 1981
February, 1981
March, 1981
April, 1981
May, 1981
June, 1981
July, 1981
August, 1981
September, 1981
October, 1981
November, 1981
r
-23-
t
68
192
340
253
301
239
257
204
295
255
N/A
191
175
202
190
222
198
44§k,
TOTAL OF MARILL BOATLIFT
DETAINEES ATTENDING BOND HEARING
July, 1980
August, 1980
September, 1980
October, 1980
November, 1980
December, 1980
January, 1981
February, 1981
March, 1981
April, 1981
May, 1981
June, 1981
July, 1981
August, 1981
September, 1981
October, 1981
November, 1981
J
-23-
68
192
340
253
301
239
257
204
295
255
N/A
191
175
202
190
222
198
CITY OF MIAMI BEACH POLICE DEPARTMENT
SEPTEMBER 1980 - NOVEMBER 1981
The following is a list of Part I Offenses committed by Cuban
Refugees for the above Period of time.
19B1 1981 1981 1981 1981 1981 1981 1981 1981
SEPT. OCT. NOV. DEC. JAN, FEB. MAR. APR. MAY DUNE JULY AUG. SEPT. OCT. NOV. TOTAL
1980 1980 1980 19E0 1��1 19 2
1 1 1
HOMICIDE
1 1 i6 •�
RAPE 1 1 1 l 1 2 1 1 14 1
4 2
ROBBERY 3 l 1 •
• 1 2 I
AGG. ASSLT. 1 4
1 I I 2 40
SIMPLE ASSLT. 1 5 2 2 1 2 2
2 7 4 6 2 5. 2 1 59
BURGLARY 3 5 8
5 11 9 5 3 2 l I I1
LARCENY 1 1 3 3
1 0 0 0 0g 7 l0 4 6
ARSON ' 0 0 0
AUTO THEFT 0 0 0 0
0 0 0 O O 144
g 5 l0 8 3 11
TOTAL
11 29 15 14 1}
The following is a list of arrests on Part I offenses of persons
with Hispanic surnames for the above period of time.
94 87 104 105
85 63 57 50 63 79 107 113 195 ll9 86 1,307
220
200 -
i
{
180 =
I
i50
140 -
120 -
100
80
CITY OF MIAMI BEACH POLICE DEPARTMENT
ARBYSMONTFOR
1979PART
-I1981MES
1— MUR n+ "
P)
J
FACILITIES
•
. i .
FACILITIES
AGENCY/FACILITY
Metropolitan Dade Metropolitan Dade County is in the process of developing a
County/Master Plan
for Criminal Master Plan for Criminal Justice Facilities through the year
Justice Facilities
2000. Carter -Goble Associates, Inc., in association with
several other firms, has been selected through a competitive
process to complete this document.
An Ad -floc Executive Policy Committee chaired by Chief Judge
Gerald Wetherington, and comprised of key criminal justice
officials is overseeing this effort. Staff support is being
provided by the Office of the Dade -Miami Criminal Justice
Council. The document is scheduled to be completed in May
of 1982.
Dade County De- Over the past twelve months the Department has added 440
artment of Cor-
rections and Re- pretrial beds. This was accomplished through the renovation
habilitation
of the old City of Miami Women's Jail which provided 210 beds;
and converting B block at the Dade County Stockade, which
formerly housed sentenced prisoners, to a pretrial holding area
Numerous overage positions were authorized during FY 80-81
to provide the necessary staff. The FY 81-82 budget includes
these personnel as regularly budgeted positions. A total of
137 positions including 118 Correctional Officers and 19
support personnel have been added.
-26-
Florida Depart- A parcel known as Section 27 (Township 53 South, Range 39
ment of Correc-
tions 600 Bed East), referred to as Tamiami North has been approved. Eleven
State Prison
Facility million dollars ($11,000000) is presently allocated for this
project and the Department will be requesting an additional
16 - 19 million in this legislative session.
The local firm of Ferendino, Grafton, Spillis and Candela have
been hired. The program plans are completed and work has begun
on site and facility design.
A homeowner's association in the area has petitioned for a
hearing before the U. S. Corps of Engineers which must issue
a permit prior to work beginning. According to the Corps of
Engineers, it will be eight months before a hearing can take
place and an additional four months will be required for them
to make a decision. This will result in a minimum of a twelve
month delay and subsequent action could involve considerable
additional delay.
Florida Depart_ The present site of the North Dade Land Fill at approximately
ment of Correc-
tions 100 Bed N. W. 199 Street has been selected. The State has requested
Communes Cor-
rectional Ceni:er that the County provide them with 100 acres. The County and
the State are presently negotiating the terms for acquisition
of the site.
The Department has completed the design document and has
selected an architectural firm to begin preparing site and
facility plans. No significant delays are anticipated at
this time.
I
-27-
i •
r
State D�artment The former Seaboard Railroad Station at N. W. 23 Street and
of Health and Re-
a-bilitative N. W. 7 Avenue has been selected as a site for this facility.
Services/200 Bed
Forensic Faci ity The State is presently negotiating with the County for
additional land adjacent to the old railroad station, south of
City of Miami Stadium:
The planning funds have been allocated for this project.Jhe pre
liminary design document has been completed and architectural
work on site and facility is underway.
State Department The State legislature has allocated a total of approximately
of Health and Re-
Fiabi itative five million dollars for the construction of a 130-140 bed
Services/130-140
Bed Juvenile De- facility. One hundred four (104) of these beds will be for
tendon Center
detention and an additional 30-40 beds will be provided for
an admission -release component. The combined facility will
be located next to the existing Detention Center on N. W. 27
Avenue.
The bids for architectural services have been received and a
selection is to be made on November 24, 1981. Planning for
the new detention center is on schedule and it is anticipated
that it will be completed during 1983.
State Department During the last legislative session, two million dollars was
of Fleal th and Re-
habilitative allocated for the construction of one new halfway house and
Services/ laIf�•1X
House Facilities the replacement of the Pentland Hall Facility, necessitated
by the loss of lease.
Sam
State Department The former Seaboard Railroad Station at N. W. 23 Street and
of Health and Re-
habilitative N. VI. 7 Avenue has been selected as a site for this facility.
Services/200 Bed
Forensic Facility The State is presently negotiating with the County for
additional land adjacent to the old railroad station, south of
J
City of Miami Stadium:
The planning funds have been allocated for this project. The pre-
liminary design document has been completed and architectural
work on site and facility is underway.
State Department The State legislature has allocated a total of approximately
of Health th and Re-
abi itative five million dollars for the construction of a 130-140 bed
Se•140
Bed Juvenile De- facility. One hundred four (104) of these beds will be for
tention Center
detention and an additional 30-40 beds will be provided for
an admission -release component. The combined facility will
be located next to the existing Detention Center on N. W. 27
Avenue.
The bids for architectural services have been received and a
selection is to be made on November 24, 1981. Planning for
the new detention center is on schedule and it is anticipated
that it will be completed during 1983.
State Department During the last legislative session, two million dollars was
of Health and Re-
habilitative allocated for the construction of one new halfway house and
Services/Halfway
House Facilities the replacement of the Pentland Hall Facility, necessitated
by the loss of lease.
-28-
li
Two Request for Proposal's (RFPs) for halfway house services
have been developed at the local level but they have not been
approved at the State level. There are also anticipated
budget cuts in HRS which may effect the opening of these
facilities due to possible staffing problems.
There has been no final decision as to whether to construct
new facilities or contract -For services with a private organi-
zation. No further action is expected until some time in
December.
-29-
,1
�j
I
{
•
A
SUGGESTIONS FOR IMPROVING THE CRIMINAL JUSTICE SYSTEM IN FLORIDA
Suggestions by: Judge David L. Levy
Eleventh Judicial
Circuit of Florida
Dade County Courthouse
73 West Flagler Street
Miami, Florida 33130
Date: November 17, 1981
{
PREFACE
Consistent with the ethical'restrictions that limit the
activity of Judges in connection with matters that may be
construed as being political, I am writing this memorandum
under the authority of Canon 4 of the Code of Judicial Conduct
which provides that a Judge "May speak, write, lecture, teach,
and participate in other activities concerning the law, the
legal system, and the administration of Justice", as well as
specifying various other activities, consistent with the
nature and purpose of this memorandum, which are designed to
improve the legal system and the administration of Justice.
-1-
L1
INTRODUCTION
Several years ago, there was a commercial motion picture
entitled "Network" being shown in theaters throughout South
Florida. A major part of the theme of that motion picture
depicted citizens of a large city who decided that they were
"mad as hell, and they were not going to take it any longer".
I think that such a phrase fairly describes how a majority of
the citizens of this state, particularly South Florida, feel
about the ever growing crime problem. Many people, however,
are uncertain as to what can be done or how they can go about
accomplishing those things that they feel should be done.
Hopefully, this memorandum will serve, to some extent, to
bridge that gap.
The main purpose of this memorandum, therefore, is to make
suggestions that will formulate a basis for initiating dis-
cussions by private citizens and the various agencies and
branches of government which have the authority and power to
consider what changes can be made in existing Rules and Laws
so as to assist society in improving the ability of the Criminal
Justice System in handling the overwhelming problem facing
it commonly known as Crime. Included within this memorandum
will be suggestions as to actions that can be taken by agencies
IN
-2-
a
within the three branches of government, private citizens, and
attorneys licensed to practice law in the State of Florida.
It is certainly not my intention that all of the
suggestions in this memorandum be adopted. Indeed, some of
them may be mutually exclusive. -I would, however, want all
of the suggestions to be considered and discussed so that the
best among them could be adopted if such action was deemed
advisable by the proper authorities having such a responsibility.
Some of these suggestions will require the change/adoption of
various Rules'(such as the Integration Rule, under which
attorneys are allowed to practice law in the State of Florida,
and the Florida Rules of Criminal Procedure) and laws.
Furthermore, some of these suggestions could only be im-
plemented by individual judges excercising their discretion
to do so.
Finally, with only one exception (the recommendation that
additional prisons be funded and built), none of these
suggestions will cost the people of the State of Florida any
money. In fact, I believe that the implementation of many of
these suggestions would save the people of the State of Florida
a substantial amount of money. Several of the suggestions
(particularly those dealing with the Judicial Branch of
Government) are designed to save court time, thereby allowing
the system to be more efficient timewise as well as costwise.
-3-
u
0
within the three branches of government, private citizens, and
attorneys licensed to practice law in the State of Florida.
It is certainly not my intention that all of the
suggestions in this memorandum be adopted. Indeed, some of
them may be mutually exclusive. -I would, however, want all
of the suggestions to be considered and discussed so that the
best among them could be adopted if such action was deemed
advisable by the proper authorities having such a responsibility.
Some of these suggestions will require the change/adoption of
various Rules'(such as the Integration Rule, under which
attorneys are allowed to practice law in the State of Florida,
and the Florida Rules of Criminal Procedure) and laws.
Furthermore, some of these suggestions could only be im-
plemented by individual judges excercising their discretion
to do so.
Finally, with only one exception (the recommendation that
additional prisons be funded and built), none of these
suggestions will cost the people of the State of Florida any
money. In fact, I believe that the implementation of many of
these suggestions would save the people of the State of Florida
a substantial amount of money. Several of the suggestions
(particularly those dealing with the Judicial Branch of
Government) are designed to save court time, thereby allowing
the system to be more efficient timewise as well as costwise.
-3-
C-I
LEGISLATIVE BRANCH OF GOVERNMENT
1) Provide the necessary funding for construction and
running of additional prisons throughout the State. This
suggestion should not be labeled either as a "liberal" or
"conservative" suggestion or characterized as being either
for or against "law and order". The fact of the matter is
that there are not enough prisons to house all of the con-
victed criminals that should be there. I am specifically
referring to those convicted criminals who, after having a
fair trial and appeals therefrom, have been sentenced by a
Judge to spend a specified period of time in prison. Almost
anyone who works within the Criminal Justice System on a
regular basis is aware of the tremendous problems created by
the avalanche of people being released from prison For
apparently no reason other than the prisons are overcrowded.
That cannot and should not be an acceptable reason (if that
is the only reason) to release someone from prison. Other,
and more pertinent and reliable, factors must be considered
in determining who belongs in prison. It is then the State's
absolute obligation to furnish sufficient prisons to house
the people that belong in them (as determined by the Courts)
not only to carry out the sentence entered against the prisoner,
and thereby the rehabilitation or punishment aspects of the
_q_
s
r
sentence# but also to protect the rest of society from the
criminal activities of that person at least for the length
of time of the prisoner's sentence lawfully imposed by the
Court.
2) Consistent with the above suggestion, my next
suggestion would be to completely eliminate parole as a
method of releasing convicted and sentenced prisoners.
Many professionals involved in the Criminal Justice System
feel that the parole system in this state has created more
problems than solutions. One such problem is as described in
the above paragraph concerning people who appear to be paroled
merely to reduce the.population of obviously overcrowded
prisons. Another problem is the fact that the parole system
in this state allows prisoners to have their court -imposed
sentence reduced by individuals who are not directly answerable
to the public. Although an alternative suggestion might be to
have the Parole Board maintained on an elected basis, I am not
making that suggestion.
Eliminating the parole system would not eliminate all
avenues of early release for convicted prisoners. obviously,
some safety valves in the system must exist, as well as methods
of handling those cases in which a convicted prisoner has truly,
and demonstrably, been rehabilitated. I would, therefore, suggest
maintaining some forms of Gain -time, as well as having Florida
law provide for the Governor to be able to pardon or commute
the sentence of any person serving a prison sentence. This
sentence, but also to protect the rest of society from the
criminal activities of that person at least for the length
of time of the prisoner's sentence lawfully imposed by the
Court.
2) Consistent with the above suggestion, my next
suggestion would be to completely eliminate parole as a
method of releasing convicted and sentenced prisoners.
Many professionals involved in the Criminal Justice System
feel that the parole system in this state has created more
problems than solutions. One such problem is as described in
the above paragraph concerning people who appear to be paroled
merely to reduce the population of obviously overcrowded
prisons. Another problem is the fact that the parole system
in this state allows prisoners to have their court -imposed
sentence reduced by individuals who are not directly answerable
to the public. Although an alternative suggestion might be to
have the Parole Board maintained on an elected basis, I am not
making that suggestion.
Eliminating the parole system would not eliminate all
avenues of early release for convicted prisoners. Obviously,
some safety valves in the system must exist, as well as methods
of handling those cases in which a convicted prisoner has truly,
and demonstrably, been rehabilitated. I would, therefore, suggest
maintaining some forms of Gain -time, as well as having Florida
law provide for the Governor to be able to pardon or commute
the sentence of any person serving a prison sentence. This
7
would serve two purposes. First, it centralizes responsibility
for this type of decision making into an elected public official
whose office could be geared to handle that type of decision -making
process. Secondly, it narrows down the individuals (the
Governor and members of his stafZ participating in this type of
decision -making process) to whom prisoners would make their re-
quest for relief, as well as to whom the same prisoners should
demonstrate, in an objective manner, their claimed rehabilitation.
In these situations, the burden would be upon the prisoner to
demonstrate his entitlement to the relief that he/she is seeking,
rather than upon the Governor to justify the denial of such
relief.
As mentioned above, I would suggest maintaining some
form of statutory Gain -time to assist prison officials in main-
taining order and discipline in the prison. This gives the
prisoner something to aim for as well as giving the prison
authorities something to take away from the prisoner if the
prisoner is disruptive or misbehaves during the term of his
sentence.
3) Enact legislation providing for a mandatory minimum
sentence (without the opportunity for parole, Gain -time, or
probation) of ten years in the State Prison for any person
convicted of possessing, using, or displaying a firearm during
the commission of any crime committed for pecuniary gain, such
as armed robbery. This way, an individual who commits an armed
robbery with a firearm (who could face a sentence up to and
V 1W
including life imprisonment) would receive a mandatory
minimum sentence greater than an individual who is convicted
of using a firearm during the commission of an aggravated
assault (which carries a lesser maximum possible sentence).
4) Pass and maintain legislation which will clearly give
Circuit Judges assigned to the Juvenile Division the authority
to sentence juveniles to specific terms of confinement upon the
Judge making specific written findings of fact justifying the
imposition of such a sentence. Limiting Judges' authority to
merely committing juvenile delinquents to the custody of the
Department of Health and Rehabilitative Services is not, and has
not, been an effective method of handling this problem, if for
no other reason than the fact that the Department of health and
Rehabilitative Services is designed primarily as a social
rehabilitation department while the fact remains that there are
some juvenile delinquents who need to be confined for specific
periods of time solely to punish them and/or to protect the
community. The fact that the juvenile delinquent's age is sixteen
instead of eighteen does not automatically make the victims'
injuries or losses any less severe. I am certainly not suggesting
taking compassion out of the Juvenile Justice System. I am merely
suggesting putting reality into it.
-7-
L]
Vk
JUDICIAL BRANCH OF GOVERNMENT
1) Set all motions requirintl only legal argument (where ,
no testimony is required) for 1:30 p.m. on Monday afternoons.
2) Set Probation Violation Hearings at 9:00 a.m. on
Monday morning. If the defendant also has a substantive case
pending in the Circuit Court, schedule the Probation Violation
hearing on the same Monday as the substantive case is set for
trial and require that all of the witnesses be present at that
time (rather than being allowed to be on standby as is normally
done where there is only a substantive case.) I have found that
these situations usually result in negotiated pleas between the
defendant and the State. If a plea is not negotiated, then the
Court should proceed to hear the Probation Violation hearing
(where the law only requires the State to "satisfy the Court's
conscience" of the defendant's guilt). If the defendant is found
to be in violation of his probation, a plea is usually
negotiated by the defendant with the State, with a reference
to any substantive case that is pending. If the defendant is
found not to be in violation of his probation, the State
usually announces a Nolle Pross as to any pending substantive
cases, realizing that they would probably not have much of a
chance of proving the defendant guilty beyond a reasonable
doubt to a jury if they could not even satisfy the Court's
l � i
conscience of the defendant's guilt.
3) Set Motions to Suppress (those requiring testimony
and expected to take at least one or more hours to hear) for
Friday mornings at 9z00 a.m. I would suggest that at least
two, but not more than three of these motions be set on any
particular Friday morning. If there are no other matters
to hear at that time (other than arraignments) then, of
course, the Court can merely proceed to hear the motions.
However, I have usually found that the testimony of criminal
court trials could be concluded by late afternoon or early
evening on Thursday. In those situations, I would have the
jury return on Friday morning to hear closing arguments of
the attorneys and the instructions on the law by the Court.
This would occur as the first thing on Friday morning, even
before hearing arraignments. As soon as the jury was in-
structed on the law by the Court, it could be sent into the
jury room to deliberate on its verdict while the judge pro-
ceeded to hear arraignments and the Motions to Suppress
scheduled for that day. In that manner, the Judge is able to
derive double benefit from his time, that is to say he is
hearing testimony on Motions to Suppress while he is waiting
for the jury to return a verdict.
4) Schedule nonjury trials for 9:00 a.m. on Friday
mornings. The scheduling of these trials must be coordinated
with the scheduling of Motions to Suppress described in the
paragraph above. The reasoning for scheduling nonjury trials
on Friday mornings is similar to the reasoning described in
` the paragraph above.
The above suggestions result in a great benefit: Leaving
the trial judge free, on Tuesday through Friday, to devote
almost all of this time to the handling of jury trials.
- - Normally, the judge will be able to conclude his Monday Motion
Calendar within thirty to sixty minutes thereby allowing him/her
to pick a jury on Monday afternoon. That way the Court can
immediately begin testimony on the jury trial first thing
Tuesday morning, if unable to do so on Monday afternoon.
5. Set up a permanent and formally structured procedure
for having several County Court Judges appointed as acting
Circuit Judges and assigned, on a full-time basis, as backup
Judges to the Criminal Division. Cases could either be assigned
to these backup judges, on a case by case basis on the day of
trial, by the Administrative Judge of the Criminal Division,
or one County Court backup Judge could be assigned to each
team of three or four Circuit Judges.
6) Set up a three -judge division (team) concept. That is,
instead of blindfiling cases to one of fifteen divisions, cases
could be blindfiled to one of five teams. This would accomplish
two objectives. First, if one of the Juc?•; s happens to have all
of their jury trials "wash out" before the trial week is over,
they would be in a position to immediately start the next trial,
even if it was one that otherwise would have been assigned
individually to another judge. This system, in effect, triples
the pool of cases set for trial each week that a judge can hear.
In addition, this system would leave the three judges on a
-10-
r
the paragraph above.
The above suggestions result in a great benefit: Leaving
the trial judge free, on Tuesday through Friday, to devote
almost all of this time to the handling of jury trials.
Normally, the judge will be able to conclude his Monday Motion
J
Calendar within thirty to sixty minutes thereby allowing him/her
to pick a jury on Monday afternoon. That way the Court can
immediately begin testimony on the jury trial first thing
Tuesday morning, if unable to do so on Monday afternoon.
5. Set up a permanent and formally structured procedure
for having several County Court Judges appointed as acting
Circuit Judges and assigned, on a full-time basis, as backup
Judges to the Criminal Division. Cases could either be assigned
to these backup judges, on a case by case basis on the day of
trial, by the Administrative Judge of the Criminal Division,
or one County Court backup Judge could be assigned to each
team of three or four Circuit Judges.
6) Set up a three -judge division (team) concept. That is,
instead of blindfiling cases to one of fifteen divisions, cases
could be blindfiled to one of five teams. This would accomplish
two objectives. First, if one of the Jur1,; s happens to have all
of their jury trials "wash out" before the trial week is over,
they would be in a position to immediately start the next trial,
even if it was one that otherwise would have been assigned
individually to another judge. This system, in effect, triples
the pool of cases set for trial each week that a judge can hear.
In addition, this system would leave the three judges on a
-10-
0
&N-2
R
particular team free to work out arrangements whereby one of
the judges could, for example, hear all arraignments and
follow the schedule outlined in the first three paragraphs
above, while the other judges on the team could hear jury trials
exclusively.
7) Set up a procedure, similar to that used in the Federal
Courts, whereby Magistrates (County Court Judges assigned as
acting Circuit Judges) would hear all arraignments, discovery
motions, bond hearings, Motions to Suppress, as well as virtually
any other pretrial matters that might arise. If necessary, to
protect constitutional rights and guarantee due process, the
Circuit Judges would-be able to review the actions of the
assigned County Court Judges (similar to the way that Federal
Magistrates here currently hear Motions to Suppress with their
findings and rulings ultimately reviewed by the Federal District
Court Judges.) This system, if adopted, would leave all of the
Circuit Judges assigned to the Criminal Division free to spend
almost all of their time hearing trials.
8) Amend the rules under which attorneys practice law in
the State of Florida (including any action necessary by the
Supreme Court of Florida with regard to the Integration Rule)
so as to require that all attorneys in Florida, as a condition
of their continued membership in the Florida Bar, must accept
up to two (without compensation) appointments per calendar
year to handle criminal cases assigned to them by a Circuit
Judge (either as a Special Assistant Public Defender or a
-11-
Special Assistant State Attorney). S-ch rules could further
provide that these appointments could only be made by Circuit
Judges assigned to the Criminal Division (who would, therefore,
be familiar with those lawyers who -are most competent in the
criminal field of law). Naturally, procedural safeguards could
be included to prevent any individual lawyer from holding an
assignment as a Special Assistant Public Defender at the same
time that lie or she might hold an ass:anraent as a Special
Assistant State Attorney. I am confident that with a little
work a procedure could be set up so as to avoid any potential
ethical conflicts. Obviously, there have been situations where
a conflict has prevented representati:•es of the elected State
Attorney's Office from prosecuting a :articular case. In many
of those situations, the Courts have appointed a lawyer engaged
in private practice to act as the Acting State Attorney to
prosecute those cases pursuant to the provisions of Section
27.16, Florida Statutes.
9) As an alternative to suggestion number 8 immediately
above, The Florida Bar rules could be changed so as to provide
that the two uncompensated appointments that attorneys would
be required to accept could be imposed as a requirement for
receiving a Specialty Designation in the,area of criminal law.
By this procedure, all members of The Florida Bar would not
be required to handle criminal cases. That would eliminate
the problems of requiring attorneys who only have a civil
background to handle criminal cases. Rather, by limiting the
-12-
0 0
mandatory appointments to those lawyers who apply for and
receive Florida tar Designations as a specialist in the area
of criminal law, those mandatory appointments willonly apply
to lawyers who clearly have the experience to handle those
cases.
-13-
I
EXECUTIVE BRANCH OF GOVERNMENT
1) The State Attorney's Offices throughout the State
should follow the guidelines set down by the Supreme Court of
the State several years ago wherein the Court indicated that
the State Attorney's Office should only file an Information in
those cases where a substantial likelihood of conviction exists.
By following that guideline, the State Attorney's Office will
not waste time on cases that clearly will never lead to a con-
viction, but rather,'could devote their full energy in pre-
paring cases where they have a substantial likelihood of securing
a conviction. In re: Rule 3.131(b) Florida Rules of Criminal
Procedure, 289 So.2d 3 (Fla., 1974).
2) Explore, with the Judiciary, the possibility of
reinstituting some type of Preliminary Iiearing system. The
possible system that I am suggesting would be one in which the
Judges would closely follow the Rules of Criminal Procedure and
the State Attorney's Office would closely follow the guidelines
set forth by the Supreme Court of this State as described in
the above paragraph. Specifically, when the Magistrate finds
that no probable cause exists for the arrest, the Judge would
order that the defendant be released in his own recognizance
consistent with cases decided by the Supreme Court of the United
States and Rule 3.131 of the Florida Rules of Criminal Procedure.
In such cases, the Judge would not discharge the defendant, but
i
rather the State Attorney's Office would then determine whether
they can or should file an Information in that case in light of
the pronouncement of the Supreme Court of the State of Florida
that prosecutors should only file charges in those cases where
a substantial likelihood of conviction exists.
3) The State Attorney's Office should seek out and accept..
the free (without compensation) services of private attorneys
who are willing to act, in one or two cases a year, as a
Special Assistant State Attorney. This will have several
advantages. First, it will directly reduce the case load of
the regular State Attorney's Office staff as cases are assigned
to the "Special Assistant State Attorneys". Next, as soon as
the Special Assistant State Attorneys start handling more and
more cases, the clerical staff of the regular State Attorney's
Office will be relieved of the responsibility of raving to keep
track of and coordinate the State's witnesses for those cases,
since that responsibility could, and most likely would, become
the responsibility of the office of the private attorney who is
fulfilling the responsibility of a Special Assistant State
Attorney. Obviously, in cases involving witnesses who are
police officers, the Special Assistant State Attorney would
continue to work through the police liaison offices of the
various police departments.
4) The Public Defender's Office could also seek out and
accept the services of private attorneys who are willing to
act in one or two cases a year, on an uncompensated basis, as
� -15-
5
rather the State Attorney's Office would then determine whether
they can or should file an Information in that case in light of
the pronouncement of the Supreme Court of the State of Florida
that prosecutors should only file charges in those cases where
a substantial likelihood of conviction exists.
3) The State Attorney's Office should seek out and accept
the free (without compensation) services of private attorneys
who are willing to act, in one or two cases a year, as a
Special Assistant State Attorney. This will have several
advantages. First, it will directly reduce the case load of
the regular State Attorney's Office staff as cases are assigned
to the "Special Assistant State Attorneys". Next, as soon as
the Special Assistant State Attorneys start handling more and
more cases, the clerical staff of the regular State Attorney's
Office will be relieved of the responsibility of having to keep
track of and coordinate the State's witnesses for those cases,
since that responsibility could, and most likely would, become
the responsibility of the office of the private attorney who is
fulfilling the responsibility of a Special Assistant State
Attorney. Obviously, in cases involving witnesses who are
police officers, the Special Assistant State Attorney would
continue to work through the police liaison offices of the
various police departments.
4) The Public Defender's Office could also seek out and
accept the services of private attorneys who are willing to
act in one or two cases a year, on an uncompensated basis, as
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a Special Assistant Public Defender. The mechanics and benefits
connected with this would be similar to those described in the
paragraph immediately above regarding the State Attorney's
Office. A more detailed description of how this suggestion
can save the taxpayers substantia'l amounts of money, as well as
providing the time and efficiency benefits described above, is
presented in the section of this memorandum dealing with
"ATTORNEYS ENGAGED IN THE PRACTICE OF LAW IN FLORIDA".
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ATTORNEYS ENGAGED IN THE PRACTICE OF LAW IN FLORIDA
Attorneys are members of the -community like everyone else
and, obviously, share the community's concern with the crime
problem. Attorneys are, however, in a unique position to offer
assistance in fighting this problem by virtue of their license
to practice law. Since being licensed to practice law is a
privilege, and'not a right, lawyers have long recognized their
obligation to handle some cases on a "pro !ono" basis, that is,
for free. Naturally; an attorney cannot handle too many cases
on this basis if he wishes to have his practice survive
economically. However, considering the large number of lawyers
admitted to practice in this state, particularly in South
Florida, a tremendous impact could be made upon the Criminal
Justice System if a relatively small number of lawyers would
only handle one or two criminal cases a year, either as a
Special Assistant Public Defender or as a Special Assistant State
Attorney (as described in an earlier section of this memorandum).
The fact of the matter is that there exists in Dade County
a large number of lawyers who possess a high degree of expertise
in the area of criminal law. For every one of these attorneys
who handles a case on a pro bono basis, there will be a resulting
savings to the taxpayers of Dade County. Every time, under
current conditions, a Circuit Judge has to appoint a private
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lawyer to act as a Special Assistant Public Defender, that lawyer
is paid from public funds at the conclusion of the case. The
guidelines used in awarding these fees are set both by Florida
law and Administrative Orders entered by the appropriate Judges.
Although some payments are a lot.more or a lot less, the over-
whelming majority of the cases result in the payment of fees of
at least $1,000 to $1,500 per case. If 250 lawyers each took two
cases in a year, that would account for 500 criminal cases that
could be defended, on a pro bono basis, by private lawyers acting
as uncompensated Special Assistant Public Defenders. Using a
minimum figure of $1,000 per case, such a possibility would re-
sult in a minimum savings to the taxpayers of Dade County of
$500,000 in that year. Whether the savings of that money was
passed on to taxpayers in the form of tax relief or whether those
funds were put to other uses, such as putting more policemen on
the street to protect the citizens of this community, measurable
advantages can readily be seen as results if this course of
action were followed.
Naturally, no one expects an attorney to close up his or her
office for six months to handle criminal cases as a Special
Assistant Public Defender or Special Assistant State Attorney.
One would have to assume, however, that there are very few
attorneys indeed whose practice would not allow them to accept
just one or two cases per year. The fact that they would be
handling these cases on a pro bono basis (wherein they would
not be compensated for their time and effort), would not prevent
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having the cost of handling these cases, either as a Special
Assistant Public Defender or a Special Assistant State
Attorney, paid for out of the same pool of funds that they
currently are paid from (I am referring to the cost of
depositions, et cetera).
As a final safeguard to this system, it would be relatively
easy to set up guidelines so as to insure that persons acting in
the capacity of a Special Assistant Public Defender or Special
Assistant State Attorney are competent to do so in connection
with the case that they would be handling. Assuming that such
pro bono work was mandated by a change in the rules governing
the practice of law in Florida (as described in the "JUDICIAL
BRANCH OF GOVERNMENT" section of this memorandum), the Judge in
the Criminal Division assigned to hear the particular case would
be in the best position to make sure that the lawyer that he
appoints (selects) to act as a Special Assistant Public Defender
or Special Assistant State Attorney is an attorney with
experience in the field of criminal law. Another "pool" of
lawyers who should be available for appointments to handle these
cases would be those who have been permitted by The Florida Bar
to "Designate"themselves as specialists in the area of criminal
law in their advertising, since lawyers are required to keep
involved in continuing legal education in the area of criminal
law in order to receive and maintain such a "Designation".
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PRIVATE CITIZENS
As far as the average private citizen is concerned, I see
two obvious areas where they can substantially contribute to
improving the Criminal Justice System.
The first area involves those citizens who become involved
in criminal prosecution as "witnesses". Naturally, no criminal
trial can take place without the proper witnesses being present.
For a variety of reasons, some valid and others not, many
citizens fail to show up for court proceedings thereby abrubtly
ending the judicial process with regard to the particular case
that they are involved in.
Citizens who are summoned to appear as witnesses in criminal
trials, either by the State or Defense, must be made aware that
it is not only helpful if they appear, but it is, in the last
analysis, necessary for them to appear. Otherwise, they are
clearly throwing in the towel in the fight against crime.
it is obviously very inconvenient in many cases to make all
of the appearances that may be required of a witness. That in-
convenience, however, is nothing compared to the inconvenience
that they or someone else may suffer by being robbed, beaten,
burglarized, or maybe even murdered by a criminal who might have
been prosecuted, convicted, and sentenced at an earlier trial if
only the reluctant witness would have appeared in court when
requested to do so.
The second area in which I feel that private citizens could
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be of tremendous service to the Criminal Justice System is in
the area of volunteer work. Currently, many private citizens,
such as non -working mothers, volunteer their time to many
worthwhile agencies and organizations. One prime example of
such worthwhile use of time involves many individuals who
volunteer to spend an hour or two a week in a public school
assisting teachers in the elementary grades. It would be im-
possible to overstate the great assistance that would be
rendered, for example, to the State Attorney's Office if
only twenty or thirty individuals would donate their time
each week. It is not unrealistic to speak of that amount of
time or that number of individuals in light of the large
population of this community and the importance that such
volunteer work would have. These volunteers would not need
to possess any special skill or training, since one of the
most useful services that they could perform would involve
scheduling and coordinating the appearance and availability
of witnesses for depositions and trials.
Another, and possibly the most important, thing that
citizens could do is to do that which is the most obvious,.
to wit: make their voices heard in letting their elected
representatives know exactly what the citizens wish
accomplished. If citizens favor the implementation of any
of the suggestions contained in this memorandum, or any other
proposal for that matter, then the citizens have the obligation
to let their legislators know that fact.
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CONCLUSION
In writing this memorandum, I certainly do not intend to
imply that the implementation of these suggestions will result
in some type of miracle cure for the ills of the Criminal
Justice System. Obviously, many other, and more complex,
solutions are necessary to truly eradicate all of the causes
of this immense problem. All that I am trying to convey in
this memorandum is that there are many proposals, which can
be quickly implemented, that will have an immediate and
measurable effect on improving the Criminal Justice System.
Furthermore, because of ethical restrictions placed on me
by the Code of Judicial Conduct, I have specifically avoided
discussing any other possible solutions which might be deemed
to be of a political nature.
The discussion of these suggestions is what is important,
not the name of the person making these suggestions. The truth
of this statement is even further underscored by the fact that
many of these suggestions have been raised and discussed, in a
limited sense, before.
The thrust of this memorandum, however, is to suggest
that massive changes in our Criminal Justice System need to be
accomplished and they need to be accomplished now. Implementing
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a suggestion or improvement here or there will not, in the long
tun, accomplish anything. The problem is growing too fast for
one or two improvements to catch up. What is needed is, in
effect, a complete renovation of the Criminal Justice System
so as to allow society to not only catch up to, but to get
ahead of the problem.
The crime problem facing our community is not a mutation
sent here from another planet. It is a problem perpetrated by
human beings which must be faced and solved by other human
beings. Since the Criminal Justice System was created by human
beings to solve the problems of human beings, it certainly
appears that it is up to us, as human beings, to take hold of
our own destiny and do something about it. Time and time again
throughout history, this country has shown an ability to snap
back from adversity and to solve incredible problems. The time
has come for us to do it again. Surely the ravages of crime are
no less damaging to our community than those brought on by war
or disease.
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