TAKING THE PUNISHMENT OUT OF THE PROCESS: FROM SUBSTANTIVE CRIMINAL JUSTICE THROUGH PROCEDURAL JUST

Abstract

On October 10, 2003, the daily legal newspaper for metropolitan Atlanta carried a front page story about twenty-four people arrested in September for alleged traffic violations. They had spent anywhere from three to twelve days in jail without seeing a lawyer or receiving anything more than a perfunctory court appearance (in a jailhouse courtroom) where they were informed of the charges, bond amount and court date. Many were charged with minor violations that would normally result in only a fine; indeed, nine were pedestrians, not motorists, charged with such offenses as “Pedestrian Obstructing Traffic”3 or “Pedestrian in Road”4 (jaywalking) and “Pedestrian Soliciting a Ride”5 (hitchhiking).