NCJ Number
92029
Editor(s)
S T Letman,
D W Edwards,
D J Bell
Date Published
1984
Length
256 pages
Annotation
A series of papers dealing with court issues focuses on closure of judicial proceedings, Federal habeas corpus doctrine, pretrial diversion, the insanity defense, plea bargaining, capital punishment, law and ethics, and trends in court reform.
Abstract
The first essay examines the development of judicial doctrines balancing the first amendment right to access with the defendant's right to a fair trial and security considerations in correctional institutions. The second paper, which analyzes the Federal habeas corpus doctrine, considers the place of the Supreme Court in the criminal justice system, its relation to other courts, and its role in the historical evolution of habeas corpus review. An analysis of the constitutional issues in pretrial diversion processing identifies the rationale for pretrial diversion, the legal issues raised by such diversion, and how some diversion issues have been resolved in New Jersey courts. Aspects of the insanity defense, including the criteria of the four basic insanity defenses, are considered in another essay. Arguments for the abolition of the insanity defense are countered. In analyzing the dynamics of plea bargaining, the focus is upon the extent of prosecutorial discretion exercised in plea bargaining, creating the major problem of dispositional disparity. The essay dealing with capital punishment identifies the arguments for abolishing capital punishment and reviews the court decisions that have established the basis for retaining it in many States. The essay on law and ethics discusses the professional role of the lawyer and the responsibilities implicit in such a role. It posits the issue of how the lawyer resolves conflicts between his/her role as an officer of the court and his/her moral responsibility as a citizen. The concluding essay discusses the reform efforts aimed at increasing the efficiency and effectiveness of the Federal and State court systems. Chapter notes are provided. For individual entries, see NCJ 92030-33.