NCJ Number
74958
Journal
Chicago Bar Record Volume: 61 Dated: (November-December 1979) Pages: 140-144,146-151
Date Published
1979
Length
11 pages
Annotation
Written by a University of Chicago law scholar and criminologist, this article places the responsibility for the increasing court delays in the disposition of Cook County, Illinois, cases on the local culture or environment.
Abstract
The time period between arrest and disposition in felony cases within the Cook County criminal justice system has increased from 352 days in 1974 to 448 days in 1979. The problem is not manpower, as Cook County has a sufficient number of judges. The delay problem is caused by the historical unwillingness of judges to hold lawyers accountable for the timely preparation and disposition of pending cases. In the absence of the judicial imperative to dispense speedy justice, both prosecutors and defenders apply dilatory tactics. Continuance practices also contribute to justice delayed. In Illinois, trial judges are not empowered to dismiss prosecutors for failure to proceed quickly even if they desire to do so. Possible remedies are specified in a number of recommended legislative reforms, with the caution that the legal culture, e.g., the judges' and lawyers' attitudes must be changed first in order to make any law reform work. The Chicago Crime Commission now publishes lists of most wanted dispositions of the oldest still-pending court cases, with the names of the judges responsible, a history of all motions, continuances, and missed trial dates. Twenty end notes and five tables are provided.