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CAUSES OF DELAY IN THE CRIMINAL COURTS

NCJ Number
12207
Author(s)
J HEARNE
Date Published
Unknown
Length
80 pages
Annotation
REVIEW OF PROCEDURES, PERSONNEL, AND ADMINISTRATIVE PRACTICES WHICH CAN LEAD TO UNDESIRABLE DELAY.
Abstract
THIS REPORT EXPLAINS THE DIFFERENCE BETWEEN INDIVIDUAL CASE DELAY AND SYSTEM DELAY. TWO SPECIAL CAUSES OF SYSTEM DELAY ARE INVESTIGATED - THE INFLATED DEMAND FOR COURT SERVICES AND THE INSUFFICENT SUPPLY OF RESOURCES TO THE COURTS. SUBSEQUENT SECTIONS IDENTIFY CAUSES OF BOTH CASE AND SYSTEM DELAY THAT ARE FOUND IN THE FUNCTIONAL FLOW OF CASES THROUGH TRIAL, APPEAL, AND POST-CONVICTION LEVELS, IN MANPOWER INEFFICIENCIES, AND IN THE PROCEDURAL LAW AND RULES. THE CONCLUSION PRESENTS SOME IDEAS ON WHERE THE STUDY OF DELAY SHOULD PROCEED FROM HERE. IN THE APPENDIX, A SIMPLIFIED FLOW CHART OF THE CRIMINAL COURT PROCESS IS ATTACHED TO HELP GUIDE THE WAY THROUGH THE COMPLICATED TERRAIN OF THE CRIMINAL COURTS.

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