DELAY IN THE COURT, 2ND ED.

• NCJ Number: 56902
• Author(s): H ZEISEL; H KALVEN; B BUCHHOLZ
• Date Published: 1959
• Length: 332 pages
• Corporate Author: Greenwood Publishing Group
• Sale Source: Greenwood Publishing Group
• Language: English
• Country: United States of America

Annotation

DELAY IN CRIMINAL COURTS IS EXAMINED IN RELATION TO CONCERN FOR PUBLIC PROTECTION AND RIGHTS OF INCARCERATED DEFENDANTS TO A SPEEDY TRIAL, AND EFFORTS TO MINIMIZE DELAY IN THE NEW YORK CITY COURT SYSTEM ARE REPORTED.

Abstract

ALTHOUGH COURT DELAY FIRST EMERGED AS A RECOGNIZED PROBLEM IN CIVIL COURTS OF LARGE CITIES, THE CONCERN OVER COURT DELAY HAS SPREAD TO OTHER ASPECTS OF THE JUDICIAL SYSTEM, TO THE DISPOSITION OF CRIMINAL CASES, TO APPELLATE COURTS AND THE U.S. SUPREME COURT, AND EVEN TO QUASI-JUDICIAL REGULATORY AGENCIES. MUCH OF THE EFFORT TO COPE WITH DELAY HAS CONCERTRATED ON THE NEED FOR BUDGETING AND MANAGING COURT TIME, ASSESSING AND FORECASTING COURT CASELOADS AND EFFICIENT AND EQUITABLE ASSIGNMENT OF CASES, AND AVOIDING UNFORESEEN GAPS IN TRIAL SCHEDULES. IN STUDIES OF COURT DELAY, ONE OF THE MOST SURPRISING OMISSIONS IS THE FAILURE TO DETERMINE THE IMPACT OF SPEEDY TRIAL LAWS. THE MOST URGENT AND LARGELY UNFULFILLED NEED OF DEFENDANTS AND COURT MANAGERS IF FOR A MEASURE OF AND CURRENT REPORT ABOUT THE EXTENT OF DELAY AND FOR A TIME BUDGET TO HANDLE DELAY. TO MEASURE DELAY, IT IS NECESSARY TO ASCERTAIN THE AVERAGE INTERVAL BETWEEN THE TIME PARTIES ARE READY FOR TRIAL AND THE TIME THE TRIAL ACTUALLY TAKES PLACE. THE CONSTRUCTION OF A TIME BUDGET INVOLVES A DETERMINATION OF NEEDED EXPENDITURES AND COURT TIME NECESSARY TO REMOVE OR PREVENT COURT DELAY. THE PROBLEM OF COURT DELAY IS DESCRIBED IN DETAIL, ALONG WITH MEASURES FOR REDUCING TRIAL TIME AND INCREASING SETTLEMENTS. CONSIDERATION IS GIVEN TO THE NEED FOR MORE JUDGE TIME OR MORE JUDGES AND PROBLEMS RELATED TO COURT DELAY (CLAIM CONSCIOUSNESS, THE CASE FOR THE OFFICIAL EXPERIMENT TO MEASURE DIFFERENTIAL EFFECTS OF ALTERNATIVE SOLUTIONS FOR ADMINISTRATIVE PROBLEMS, FORECASTING COURT WORKLOADS, AND THE GENERALIZATION OF RESEARCH FINDINGS). INFORMATION ON COURT CASE PROCESSING IN NEW YORK COURTS AND COMPARATIVE LAW IN AUSTRIA IS APPENDED. A SELECTED BIBLIOGRAPHY AND AN INDEX ARE PROVIDED, AND SUPPORTING DATA ARE INCLUDED. (DEP)