NCJ Number
62858
Date Published
1979
Length
14 pages
Annotation
CHANGES REQUIRED FOR CRIMINAL COURTS TO DEAL WITH ANTICIPATED INCREASES IN CRIME ARE DISCUSSED.
Abstract
PROJECTED SOCIOECONOMIC CONDITIONS IN THE UNITED STATES WILL TEND TO STIMULATE A RISING CRIME RATE, AND THE CRIMINAL JUSTICE SYSTEM WILL BE ABLE TO DO LITTLE TO COUNTER THIS INCREASE. CHANGES MUST OCCUR IN THE SYSTEM, PARTICULARLY THE COURTS, HOWEVER IF THE EXPECTED VOLUME OF OFFENDERS IS TO BE HANDLED WITH THE QUALITY OF JUSTICE GUARANTEED IN THE CONSTITUTION. LEGISLATURES MUST ACT TO RESTRUCTURE COURT SYSTEMS AND AREAS OF RESPONSIBILITY. THE ROLE OF THE COURTS IN RELATIONSHIP TO THE LAW ENFORCEMENT AND CORRECTIONS FUNCTIONS MUST BE REEXAMINED TO FACILITATE EFFICIENT AND EFFECTIVE COORDINATION OF THE ENTIRE CRIMINAL JUSTICE PROCESS. BETTER MANAGEMENT TECHNIQUES MUST BE APPLIED TO THE COURTS SO THE ASSEMBLY-LINE, BUREAUCRATIC APPROACH CAN BE SUPPLANTED BY PROCEDURES SERVING THE END OF INDIVIDUALIZED JUSTICE FOR OFFENDERS. JUDGES MUST BE SELECTED ON THE BASIS OF THEIR QUALIFICATIONS TO PERFORM IN A SPECIFIC AREA OF RESPONSIBILITY. SOME OF THE AFOREMENTIONED CHANGES ARE ALREADY OCCURRING. IN ADDITION, COURT PERSONNEL APPEAR LESS RESISTANT TO CHANGE THAN IN THE PAST. THE APPARENT TREND TOWARD EASING THE IMPACT OF THE EXCLUSIONARY RULES SHOWS THE COURTS ARE WILLING TO REEXAMINE THEIR ROLE WITH RESPECT TO OTHER CRIMINAL JUSTICE AGENCIES. UNIFICATION OF COURT SYSTEMS HAS BEEN UNDERTAKEN BY A NUMBER OF JURISDICTIONS, AND THE IMPORTANCE OF THE WORK OF THE COURT ADMINISTRATOR IS BEING INCREASINGLY APPRECIATED. MODIFICATION IN JUDICIAL SELECTION APPEARS TO BE HAPPENING, BUT SLOWLY. AREAS WHERE RESISTANCE TO CHANGE WILL REMAIN CONCERN THE ALTERATION OF THE ADVERSARY PROCEEDING TO A FACT-FINDING PROCESS AND THE FORMALIZING OF PLEA NEGOTIATIONS. NOTES AND REFERENCES ARE PROVIDED. (RCB)