NCJ Number
108009
Journal
Canadian Criminology Forum Volume: 8 Issue: 2 Dated: (1987) Pages: 116-130
Date Published
1987
Length
15 pages
Annotation
This article offers recommendations to reduce the demand on limited resources in the Canadian criminal justice system, which suffers from delays in case processing, increased usage, unnecessary adherence to tradition, and inefficient work flow.
Abstract
Recommendations to avoid unacceptable delay focus on establishment of official guidelines for a maximum time of 16 weeks from the date the accused is charged to final disposition of the case; imposition of penalties for noncompliance, including censure, contempt of court proceedings, and withdrawal of charges; and replacement of preliminary hearings with formal disclosures in front of an independent arbitrator. Additional recommendations are to eliminate the right to reelect used for judge shopping, which would not have an adverse effect on the accused because defense lawyers should make the appropriate election initially. To create a larger pool of judges, the provinical courts, county courts, and supreme court should be merged into one system. Finally, offenses should be diverted from the formal criminal justice system by using the penal order approach, which maintains the accused's rights, ensures judicial control over discretion, and greatly reduces processing costs. 1 table, 3 notes, 27 references, and 9 cases.