NCJ Number
58495
Date Published
1976
Length
36 pages
Annotation
PROBLEMS OF THE TRADITIONAL COURT SYSTEM IN HANDLING TRAFFIC MATTERS, NEW CONCEPTS DESIGNED TO IMPROVE THE SYSTEM, AND STEPS BY WHICH INTERESTED JURISDICTIONS CAN INSTITUTE REVISIONS ARE PRESENTED.
Abstract
THE PRESENT JUDICIAL SYSTEM, IN MOST INSTANCES, IS UNSUITED AND UNRESPONSIVE TO TODAY'S DEMANDS. SOME OF THE NEW ADJUDICATION TECHNIQUES INCLUDE IMPROVEMENTS WITHIN THE EXISTING SYSTEM; A MODIFIED JUDICIAL APPROACH IN WHICH CERTAIN DECISIONMAKING AND SANCTIONING AUTHORITY IS DELEGATED TO PARAJUDICIAL OFFICERS; AND AN ADMINISTRATIVE ADJUDICATIVE APPROACH, WHERE FUNCTIONS ARE PERFORMED BY ADMINISTRATIVE HEARING OFFICERS. THERE IS NO EVIDENCE THAT THE TRADITIONAL CRIMINAL COURT PROCESSING OF TRAFFIC OFFENSES IS COST EFFECTIVE. ADDITIONALLY, THERE IS EVIDENCE THAT COURT APPEARANCES BY OFFENDERS DO NOT HAVE ANY POSITIVE EFFECT ON SUBSEQUENT DRIVING BEHAVIOR. EFFORTS SHOULD BE DIRECTED TOWARD IDENTIFYING THE PROBLEM DRIVER AS OPPOSED TO THE SPORADIC OFFENDER, AND TO INTEGRATING TRAFFIC CASE PROCESSING BY THE JUDICIARY WITH THE LICENSING AGENCY. ASSISTANCE TO STATE AND LOCAL JURISDICTIONS IS AVAILABLE THROUGH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION. IN ADDITION, OTHER STATE AND FEDERAL FUNDING CAN BE OBTAINED THROUGH LEAA. THE MOST IMPORTANT STEP IN THE ADVANCEMENT OF ADJUDICATION METHODOLOGY IS THE DECRIMINALIZATION OF MOST TRAFFIC OFFENSES EXCEPT THE MOST SERIOUS SUCH AS HIT AND RUN, DRIVING WHILE INTOXICATED, AND DRIVING WHILE UNDER SUSPENSION OR REVOCATION. A SUMMARY OF ACTIONS BY STATE AND LOCAL JURISDICTIONS CONCERNING THE USE OF NEW ADJUDICATION TECHNIQUES, THE RECOMMENDATIONS AND FINDINGS OF THE NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE'S AD HOC TASK FORCE ON ADJUDICATION ARE APPENDED. A BIBLIOGRAPHY IS PROVIDED. (AUTHOR ABSTRACT MODIFIED). (LWM)