NCJ Number
95800
Journal
St. John's Law Review Volume: 55 Issue: 4 Dated: (Summer 1981) Pages: 611-632
Date Published
1981
Length
22 pages
Annotation
Options for alleviating the burden on the court system exist in both civil and criminal litigation.
Abstract
In civil litigation, legislatures can enact legislation that will reduce court system pressures by either removing some disputes from the courts or simplifying court processing. Such changes include no-fault compensation systems, simplified probate administration, and no-fault divorce. Significant alterations in the traditional court system itself, including increased use of arbitration, would reduce or eliminate court time. Certain practices may be used outside the formal judicial structure, with the courts being the final appeal; namely, contractual arbitration and the creation of specialized panels to screen out weak claims. In the field of criminal justice, a mediation or arbitration model might be used to supplement traditional adjudicative processing. Community courts, mediation forums, and pretrial intervention are other possibilities. In addition, legislative decriminalization of certain conduct and reclassification of certain crimes would permit the wider use of alternatives such as administrative treatment for traffic, ordinance, housing, and similar violations. 105 footnotes.