NCJ Number
91055
Date Published
1983
Length
24 pages
Annotation
Changes involving the bail system, the exclusionary rule, and habeas corpus petitions would improve the administration of justice by promoting accurate and speedy decisions regarding guilt and by aiding the achievement of a fair balance between the rights of the accused and those of society.
Abstract
Greater use of release on recognizance and preventive detention would help rationalize the process of setting bail and, ultimately, the decision as to which suspects should be incarcerated before trial. The exclusionary rule has many disadvantages and should be replaced with the creation of an independent review board and a civil tort remedy to compensate the victims of illegal searches and seizures. Habeas corpus procedures should be restricted to meritorious cases without impinging on constitutional and statutory guarantees. To accomplish this, a time limit on filing for habeas relief should be set. Reforms should also deal with situations in which the prisoner failed to raise an issue properly at the trial and cases where the prisoner raised an issue properly at the trial or appeal but is dissatisfied with the court's disposition of the issue. Implementation of these reforms will depend both on the clarity of the arguments for them and on the existence of well-publicized cases which illustrate the deficiencies of the present system.