BRINGING MANAGEMENT SCIENCE TO THE COURTS TO REDUCE DELAY

• NCJ Number: 50739
• Journal: Judicature Volume: 62 Issue: 3 Dated: (SEPTEMBER 1978) Pages: 128-143
• Author(s): S NAGEL; M NEEF; N MUNSHAW
• Date Published: 1978
• Length: 16 pages
• Corporate Author: American Judicature Soc
• Sale Source: UMI Dissertation Services; Institute for Scientific Information
• Language: English
• Country: United States of America
• Note: BASED ON PAPER PRESENTED AT THE 1978 ANNUAL MEETING OF THE AMERICAN SOCIETY FOR PUBLIC ADMINISTRATION

Annotation

QUEUEING, OPTIMUM SEQUENCING, CRITICAL PATH METHODS, OPTIMUM LEVEL AND MIX ANALYSIS, OPTIMUM CHOICE ANALYSIS, AND MARKOV CHAIN ANALYSIS ARE MANAGEMENT TECHNIQUES THAT COULD BE APPLIED TO THE COURTS.

Abstract

IN ANY PROGRAM AIMED AT REDUCING COURT DELAY, QUEUEING FORMULAS CAN BE USED TO DESCRIBE THE RELATIONSHIPS BETWEEN VARIABLES THAT AFFECT BACKLOG AND DELAY SUCH AS THE RATE AT WHICH CASES ARRIVE AND THE RATE AT WHICH THEY ARE SERVICED. QUEUEING THEORY DEMANDS THAT THE CASE DISPOSAL RATE BE INCREASED OR THE CASE ARRIVAL RATE BE DECREASED. BASIC QUEUEING THEORY MODELS INCLUDE THE TIME AND THE BACKLOG MODELS, AND AN EXAMPLE OF EACH IS ILLUSTRATED BY ANALYZING THE EFFECT OF PRETRIAL RELEASE ON THE PRETRIAL JAIL POPULATION. OPTIMUM SEQUENCING EMPHASIZES THAT DELAY CAN BE REDUCED SIMPLY BY ARRANGING THE ORDER IN WHICH CASES ARE HEARD. IN MULTIPLE COURTS, GENERAL RULES COULD PRESCRIBE THAT WITHIN EACH COURT THE SHORTER CASES BE CONSIDERED FIRST AND THAT THE SHORTEST CASE BE GIVEN TO THE COURT WITH THE GREATEST QUANTITY OF CASES. OBJECTIONS TO THIS METHOD ARE CONSIDERED. METHODS OF PREDICTING CASE-PROCESSING TIME ARE PRESENTED. THE CRITICAL PATH METHOD EMPHASIZES REDUCTION OF THOSE STAGES WHICH MOST INFLUENCE THE TOTAL TIME OF PROCESSING. INFLUENTIAL STAGES ARE THOSE ESSENTIAL TO SOME SUBSEQUENT STAGE WHICH CANNOT BE STARTED UNTIL THE FIRST IS COMPLETED OR THOSE THAT TAKE LONGER THAN OTHER STAGES THAT ARE ALSO ESSENTIAL TO THE SUBSEQUENT STAGE. IF THE PROSECUTOR TAKES LONGER TO PREPARE FOR TRIAL THAN THE DEFENDER, THE CRITICAL PATH METHOD DICTATES A REDUCTION IN TIME ALLOTTED TO THE PROSECUTOR. OPTIMUM LEVEL ANALYSIS IS DESIGNED TO INDICATE THE OPTIMUM LEVEL OF DELAY WHILE MINIMIZING THE SUM OF DELAY AND SPEEDUP COSTS. COMPUTATION OF TOTAL COSTS IS DISCUSSED. THE OBJECT OF OPTIMUM CHOICE ANALYSIS IS TO MAKE TIME-SAVING DECISIONS MORE PROFITABLE THAN TIME-LENGTHENING DECISIONS, AND AN EXAMPLE OF METHODS TO ENCOURAGE PROSECUTORS TO MAKE TIME-SAVING DECISIONS IS INCLUDED. MARKOV CHAIN ANALYSIS PREDICTS SUBSEQUENT EVENTS BY ESTABLISHING THE PROBABILITY OF ONE EVENT LEADING TO ANOTHER. THE EFFECT OF A CHANGE IN THE PROBABILITY OF PRETRIAL JAIL DETENTION ON THE PUBLIC DEFENDER'S CASELOAD IS USED TO ILLUSTRATE THIS ANALYSIS. IT IS CONCLUDED THAT THESE TIME-ORIENTED MODELS CAN SPEED UP THE LEGAL PROCESS, BUT LAWYERS, JUDGES, AND JUDICIAL PERSONNEL WILL NEED TO BE BETTER INFORMED IN THE AREAS OF MANAGEMENT SCIENCE. (DAG)