NCJ Number
13199
Date Published
1949
Length
453 pages
Annotation
TREATS THE OPERATIONS OF TRIAL COURTS, THE OFTEN TRAGIC RESULTS THEY BRING TO PEOPLE'S LIVES, AND THE NEED FOR REFORM.
Abstract
THE VIEW THAT OUR COURT SYSTEM OF DECISION MAKING IS OBJECTIVE, PRECISE, AND MECHANISTICALLY CONSISTENT IS CHALLENGED. THE EVENTS UPON WHICH COURT ACTIONS FOCUS ARE CONSIDERED STRAINED THROUGH THE SUBJECTIVITIES AND PERSONAL REACTIONS OF PARTICIPANTS SUCH THAT THE IDEAL OF OBJECTIVE FACTS UPON WHICH TO BASE JUDICIAL DECISIONS IS THOUGHT SELDOM, IF EVER, REALIZED. THE TENDENCY TOWARD BIAS AND IRRATIONALITY IN THE DECISIONS OF JURIES AND JUDGES IS EXPLORED. THE RELATIVITIES OF LAWS AND THE USE OF LEGAL PRECEDENT ARE EXPLORED. THE ADVERSARY METHOD OF ADJUDICATION IS CRITICALLY VIEWED AS TENDING TOWARD A CONTEST OF 'WIN-LOSE' BETWEEN PROSECUTION AND DEFENSE THAT OFTEN OBSCURES AND TRUNCATES A FAIR CONSIDERATION OF ALL THE EVIDENCE. RECOMMENDATIONS ARE OFFERED FOR REDUCING THE EXCESSES OF THIS DECISION MAKING PROCESS. THE APPRENTICE METHOD OF TEACHING LAW IS RECOMMENDED, WHEREBY STUDENTS WILL LEARN THROUGH INVOLVEMENT IN ACTUAL LEGAL PROCESSES. SPECIAL EDUCATION FOR TRIAL JUDGES AND PROSECUTORS IS URGED. IT IS SUGGESTED THAT THE TRIAL JUDGE SIT WITH THE UPPER COURT ON AN APPEAL FROM HIS DECISION, BUT WITHOUT A VOTE. THE ABANDONMENT OF JURY TRIALS EXCEPT IN MAJOR CRIMINAL CASES IS SUGGESTED.