NCJ Number
46420
Date Published
1978
Length
81 pages
Annotation
THIS REPORT EXAMINES ASPECTS OF EUROPEAN EXPERIENCES IN CRIMINAL LAW ADMINISTRATION. IT EMPHASIZES PRACTICES THAT DIFFER FROM THOSE IN THE U.S. AND REDUCE THE NUMBER OF CASES TRIED IN THE ORDINARY CRIMINAL COURTS.
Abstract
GOVERNMENT OFFICIALS, SOCIAL SCIENTISTS, AND LAWYERS IN 10 EUROPEAN COUNTRIES WERE SURVEYED ON ALTERNATIVE ADJUDICATORY PRACTICES WHICH RESULT IN REDUCED CRIMINAL COURT CASELOADS. THESE PRACTICES INCLUDE USE OF ADMINISTRATIVE TRIBUNALS, LAY COURTS, LAY JUDGES, POLICE, PROSECUTORS, AND CIVIL COURTS. SOME COUNTRIES HAVE DECRIMINALIZED OFFENSES SUCH AS SHOPLIFTING AND EMPLOYEE THEFT, AND OTHERS USE POLICE AND PROSECUTORIAL FINES FOR VICTIMLESS CRIMES, GRANT CONDITIONAL AND UNCONDITIONAL DISMISSAL OF CHARGES, AND EMPLOY MEDIATION. EUROPEAN PRACTICES WHICH MIGHT BE ADAPTABLE TO THE U.S. COURT SYSTEM ARE EXAMINED. ALTHOUGH PROSECUTORIAL FINE SYSTEMS APPEAR PROMISING FOR THE U.S. COURT SYSTEM, IT IS CONCLUDED THAT AMERICANS MUST CONSIDER THE DIFFERENCES IN THE EUROPEAN LEGAL CULTURE, THE LACK OF EMPIRICAL DATA ON THE SUCCESS OF EUROPEAN ALTERNATIVE METHODS, AND THE NEED FOR EXPERIMENTATION ON A SMALL SCALE BEFORE INTRODUCING RADICAL CHANGES INTO THE AMERICAN COURT SYSTEM. REFERENCES ARE PROVIDED IN THE REPORT, AND APPENDIXES PRESENT THE RESULTS OF THE SURVEY AND SURVEY INSTRUMENTS AND AN ENGLISH TRANSLATION OF A GERMAN ARTICLE ON THE INTERNAL ADMINISTRATION OF JUSTICE IN THE WORKPLACE.