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NEW GODS FOR OLD - EFFICIENT COURTS IN A DEMOCRATIC SOCIETY (FROM CRIME AND JUSTICE, 1971-1972 - AN AMS ANTHOLOGY, 1974 BY JACKWELL SUSMAN - SEE NCJ-28615)

NCJ Number
28635
Author(s)
D L BAZELON
Date Published
1974
Length
16 pages
Annotation
THE AUTHOR CRITICIZES SEVERAL OF THE PROPOSALS COMMONLY OFFERED FOR INCREASING THE EFFICIENCY OF THE COURTS, AND ARGUES THAT REFORMERS SHOULD CONCENTRATE ON IMPROVING THE QUALITY, NOT QUANTITY, OF THE COURT'S OPERATIONS.
Abstract
THE AUTHOR MAINTAINS THAT THE ROLE OF THE COURT IS NOT TO SWIFTLY PROCESS AND SENTENCE AS MANY OFFENDERS AS POSSIBLE; RATHER, ITS ROLE IS TO SEE THAT OTHER INSTITUTIONS ARE PERFORMING CORRECTLY, TO GIVE CAREFUL CONSIDERATION TO ALL THE PROBLEMS SURROUNDING AN ISSUE, AND TO ENSURE THAT JUSTICE IS DONE. THIS CANNOT BE ACCOMPLISHED, THE AUTHOR STATES, BY INSTITUTING SUCH OFTEN-HEARD REFORMS AS REDUCTION OF APPEALS, REDUCTION IN USE OF TRIAL TRANSCRIPTS, AND DISCONTINUANCE OF THE WRITING OF JUDIIAL OPINIONS. INSTEAD, THE AUTHOR PROPOSES THAT REFORMS WHICH WOULD IMPROVE THE QUALITY OF JUSTICE AND JUDICIAL DECISIONS - SUCH AS ELIMINATION OF PLEA BARGAINING AND PROVISION OF EFFECTIVE DEFENSE COUNSEL TO DEFENDANTS - SHOULD BE INSTITUTED. SUCH REFORMS, WHILE IMPROVING JUSTICE AND PROMOTING THE PROPER ROLE OF THE COURTS, WOULD ACTUALLY IMPROVE THE COURT'S OPERATIONS, THE AUTHOR CONTENDS.