POLITICAL CRITIQUE OF THE COURT - RECOMMENDATIONS OF THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS

• NCJ Number: 32671
• Journal: Emory Law Journal Volume: 24 Issue: 4 Dated: (FALL 1975) Pages: 1009-1036
• Author(s): D W NEUBAUER; G F COLE
• Date Published: 1975
• Length: 28 pages
• Corporate Author: Emory University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

THIS PAPER ANALYZES THE NATIONAL ADVISORY COMMISSION COURT RECOMMENDATIONS IN TERMS OF WHAT SOCIAL SCIENTISTS HAVE LEARNED ABOUT THE ACTUAL OPERATIONS OF THE TRIAL COURTS.

Abstract

THE AUTHORS FIRST REVIEW THE NATURE OF THE COURT RECOMMENDATIONS AND DISCUSS THE STRENGTHS AND WEAKNESSES OF THE STANDARDS. ALTHOUGH THEY CONCLUDE THAT THE REPORT IN MANY RESPECTS REPRESENTS A POSITIVE CONTRIBUTION IN THE AREA, THE AUTHORS NONETHELESS FEAR THAT THE FORMAL STANDARDS SUGGESTED BY THE REPORT WILL HAVE A STULTIFYING EFFECT UPON THE EXERCISE OF ADMINISTRATIVE DISCRETION BY LAW ENFORCEMENT DECISION-MAKERS. THE AUTHORS SUGGEST THAT THIS REGULARIZATION THROUGH FORMAL STANDARDS WILL DAMPEN THE OVERALL EFFECTIVENESS OF THE CRIMINAL ADMINISTRATIVE SYSTEM BY DEPRIVING ITS PARTICIPANTS OF THE OPPORTUNITY TO EMPLOY FLEXIBLE AND INNOVATIVE MEANS IN DEALING WITH INDIVIDUAL CRIMINAL CASES. IT IS ALSO SUGGESTED THAT THE COMMISSION SEEMS TO VIEW THE LOWER COURTS AS STATIS INSTITUTIONS AND THEREBY IGNORES THEIR OPERATIONAL DYNAMICS; REFORMS PREDICATED ON SUCH AN ANALYSIS, THE AUTHORS STATE, MAY CAUSE SERIOUS PROBLEMS IN THE FUNCTIONING OF THE CRIMINAL COURTS. (AUTHOR ABSTRACT MODIFIED)