LINEAR PROGRAMMING APPROACH TO PROBLEMS OF CONFLICTING LEGAL VALUES LIKE FREE PRESS VERSUS FAIR TRIAL

• NCJ Number: 16423
• Author(s): S NAGEL; K REINBOLT; T EIMERMANN
• Date Published: 1974
• Length: 51 pages
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT THE 1974 ANNUAL MEETING OF THE PUBLIC CHOICE SOCIETY, MARCH 21-23, NEW HAVEN, CONNECTICUT.

Annotation

DISCUSSION OF A MATHEMATICAL PROCEDURE USED TO FUND THE OPTIMUM ALLOCATION OF SOMETHING BETWEEN TWO OR MORE ALTERNATIVES (FREE PRESS OR FAIR TRIAL) SUBJECT TO STATED GOALS (PUBLIC SATISFACTION) AND (LEGAL) CONSTRAINTS.

Abstract

A QUESTIONNAIRE WAS ADMINISTERED TO A GROUP OF NEWSPAPER EDITORS, POLICE CHIEFS, PROSECUTING ATTORNEYS, AND DEFENSE ATTORNEYS CONCERNING THE ACTUAL BALANCE BETWEEN FREE PRESS AND FAIR TRIAL IN THEIR CITIES AND THE DESIRED BALANCE. USING THE RESULTS, THE AUTHOR MAXIMIZED THE GAINS AND MINIMIZED THE LOSSES FOR EACH GROUP. APPLYING LINEAR PROGRAMMING AND INDIFFERENCE LINE ANALYSIS TO THE FREE PRESS, FAIR TRIAL ISSUE PROVIDES A NUMBER OF POSSIBLE GAINS WITH REGARD TO FORCING ONE WHO MAKES THE APPLICATION (OR CONSUMES THE RESULTS) TO BE MORE PRECISE AND IMAGINATIVE IN - (1) DEFINING THE PROBLEM, (2) DECIDING WHAT DATA IS NEEDED TO RESOLVE THE PROBLEM, (3) MEASURING THE RELEVANT ALTERNATIVE FP, FT VARIABLES, (4) GRAPHING THE PROBLEM, (5) CLARIFYING THE LEGAL CONSTRAINTS, (6) CALCULATING THE COST AND BENEFIT RELATIONS WITH THE ALTERNATIVE VARIABLES, (7) DECIDING WHOSE GOALS OR VALUES SHOULD BE RECOGNIZED, AND (8) DERIVING VARIOUS OPTIMUM ALLOCATIONS FROM THE ABOVE CONSIDERATIONS. THE AUTHOR CONCLUDES WITH SUGGESTIONS FOR OTHER APPLICATIONS OF THE LINEAR PROGRAMMING METHOD. (AUTHOR ABSTRACT MODIFIED)