NCJ Number
54836
Journal
Judicature Volume: 59 Issue: 6 Dated: (JANUARY 1976) Pages: 293-299
Date Published
1976
Length
7 pages
Annotation
A CRITIQUE IS PRESENTED OF COURT REFORMS PROPOSED BY THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS.
Abstract
THE RECOMMENDATIONS OF THE COMMISSION'S TASK FORCE ON COURTS ARE FAR REACHING, TOUCHING ON SUCH IMPORTANT TOPICS AS DIVERSION, PLEA BARGAINING, JUDICIAL SELECTION, AND CASEFLOW MANAGEMENT. THERE HAS BEEN A TENDENCY TO ACCEPT THE RECOMMENDATIONS UNCRITICALLY AS THOUGH THEY WERE THE FINAL WORD ON REFORM. BUT A CRITICAL ANALYSIS OF THE RECOMMENDATIONS REVEALS PROBLEMS. THE DOCUMENTATION THAT SUPPORTS THE PROPOSED REFORMS IS NARROW AND LEGALISTIC. IT EMPHASIZES STRUCTURE AND IGNORES DYNAMICS. THE TASK FORCE CORRECTLY RECOGNIZES THAT THE CRIMINAL JUSTICE PROCESS IS ESSENTIALLY AN ADMINISTRATIVE ONE AND FOCUSES ON THE ROLE PLAYED BY DISCRETION IN THAT PROCESS. BUT ITS PROPOSALS FOR DEALING WITH THE ABUSE OF DISCRETION DISREGARD THE SOCIAL CONTEXT WITHIN WHICH DISCRETIONARY DECISIONMAKING TAKES PLACE. SIMILARLY, THE RECOMMENDATIONS FOR IMPROVING COURT EFFICIENCY REFLECT A ONE-DIMENSIONAL ANALYSIS OF COURT MANAGEMENT PROBLEMS THAT EXCLUDES CONSIDERATION OF THE COURT'S DYNAMICS AS A SOCIAL INSTITUTION. THE REFORMS MAY HAVE AT LEAST THREE NEGATIVE CONSEQUENCES: (1) EMPHASIS ON PROCEDURAL IMPROVEMENTS WILL RESULT IN NEGLECT OF SUBSTANTIVE PROBLEMS; (2) THERE WILL BE AN UNDESIRABLE REDUCTION IN ORGANIZATIONAL CONFLICT AMONG POLICE, COURTS, AND CORRECTIONS; AND (3) INCREASED VISIBILITY OF INFORMAL PRACTICES SUCH AS PLEA NEGOTIATION WILL REDUCE FLEXIBILITY. IT IS CONCLUDED THAT THE POSITIVE VALUES ACHIEVED THROUGH THE USE OF DISCRETION WILL BE LOST WHEN FORMAL STRUCTURES THAT LIMIT DECISIONMAKERS ARE IMPOSED, AND THAT MANY OF THE COMMISSION'S RECOMMENDATIONS ARE AT ODDS WITH ITS PROFESSED GOAL OF IMPROVING EFFICIENCY IN THE COURTS. (LKM)