NCJ Number
81480
Journal
Justice System Journal Volume: 6 Issue: 3 Dated: (Fall 1981) Pages: 372-404
Date Published
1981
Length
33 pages
Annotation
Speculation regarding the organizational domains of intermediate appellate courts and the professional incentive structures within such courts suggests that civil appeals provide a more attractive professional opportunity for appellate judges than criminal appeals; indeed, the latter present significant risks and disincentives. Organizational analysis suggests an hypothesis resembling an appellate Gresham's Law: more attractive civil appeals will attract resources away from criminal appeals-regardless of the incidence of 'frivolous' criminal appeals. Data collected during a case study of a single state intermediate appellate court indicate that criminal appeals consistently lose the competition for resources to civil appeals. Moreover, examination of the treatment of criminal appeals since World War II suggests a chronic reluctance to allocate scarce appellate resources to such cases. Thus, the organizational perspective suggests a need to consider ways of controlling for the relative attractiveness of civil appeals in the allocation of appellate resources. (Author abstract)
Abstract
In a variety of commentary, 'expedited' processing techniques such as screening procedures and staff processing are viewed as necessary responses to 'frivolous' criminal appeals which drain appellate resources and cause backlogs of more substantial civil appeals. Contemporary organization theory suggests an alternative perspective.