MEASUREMENT OF COURT DELAY

• NCJ Number: 48286
• Journal: Justice System Journal Volume: 3 Issue: 3 Dated: (SPRING 1978) Pages: 322-327
• Author(s): S E GORDON
• Date Published: 1978
• Length: 6 pages
• Corporate Author: Institute for Court Management
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

DIFFERENT METHODS FOR MEASURING DELAY IN COURT OPERATIONS ARE EXAMINED, AND A METHOD IS DESCRIBED FOR CALCULATING EXPECTED DELAY OF UTILITY IN RESOURCE ALLOCATIONS AND OPERATIONS PLANNING ASSESSMENT.

Abstract

THE NUMBER OF PENDING CASES AND CASE DELAY DEPENDS ON THE RELATIVE RATE OF INFLOW OF NEW CASES AND OUTFLOW OF TERMINATED CASES. CONSEQUENTLY DELAY IS A DYNAMIC CONDITION THAT MAY BE VIEWED FROM A NUMBER OF DIFFERENT PERSPECTIVES. EXPERIENCED DELAY IS A RETROSPECTIVE MEASURE WHICH IS CONCERNED WITH DELAYS EXPERIENCED IN CASES WHICH HAVE ALREADY BEEN TERMINATED. EXPECTED DELAY IS A PROSPECTIVE MEASURE CONCERNED WITH THE DELAY WHICH WILL PROBABLY BE EXPERIENCED BY CASES ABOUT TO BE INITIATED. CASE LIFESPAN IS A THIRD MEASURE CONCERNED WITH THE LENGTH OF TIME PENDING CASES HAVE SPENT ON THE COURT CALENDAR. OF THE THREE MEASURES OF DELAY, MOST CONCERN IS DIRECTED TO THE EXPECTED DELAY FOR ALL CASES INITIATED DURING A MONTH OR OTHER SHORT PERIOD OF TIME. EXPECTED DELAY CAN BE DETERMINED BY APPLYING THE FOLLOWING FORMULA: EXPECTED DELAY = (NB+NE)/2ND, WHERE NB EQUALS THE NUMBER OF CASES PENDING AT THE BEGINNING OF THE MONTH, NE EQUALS NUMBE OF CASES PENDING AT THE END OF THE MONTH, AND ND EQUALS NUMBER OF CASES DISPOSED OF DURING A MONTH. THE MEASURE OF EXPECTED DELAY IS MOST VALUABLE WHEN RESTRICTED TO MEASURES OF THE AVERAGE TIME FOR ACTIVE CASES TO BE PURSUED THROUGH DISPOSITION. NONACTIVE PENDING CASES, SUCH AS THOSE WHERE A DEFENDANT JUMPS BAIL AND BECOMES A FUGITIVE, SHOULD BE CONSIDERED AS DISPOSITIONS. OF THE VARIOUS MEASURES, EXPECTED DELAY IS MORE VALUABLE BECAUSE IT IS APPLICABLE TO: SITUATIONS WHERE ONLY THE DISPOSITION RATE AND NUMBER OF PENDING CASES ARE KNOWN; ANY STAGE OF COURT PROCEEDINGS THAT CAN BE ISOLATED; ANY METHOD OF CALENDAR CONTROL WITH EQUAL EASE OF CALCULATION; COMPARISONS BETWEEN JURISDICTION OR TIME PERIODS; AND CRUDE PLANNING STUDIES THAT REQUIRE ESTIMATES OF THE EFFECT OF CHANGES IN OPERATIONS. (JAP)