NCJ Number
48395
Date Published
1978
Length
88 pages
Annotation
A CRITICAL REVIEW AND AN ANNOTATED BIBLIOGRAPHY OF THE EXTENSIVE LITERATURE DEALING WITH THE PROBLEM OF PRETRIAL DELAY IN AMERICAN TRIAL COURTS ARE PRESENTED.
Abstract
THIS MONOGRAPH WAS WRITTEN AS A PRELIMINARY STAGE IN A MAJOR RESEARCH AND DEMONSTRATION PROJECT ON TRIAL COURT DELAY. THE SUBSTANTIVE ELEMENTS OF BOTH THE PROJECT AND THIS MONOGRAPH ARE CONFINED TO PRETRIAL DELAY IN GENERAL JURISDICTION COURTS. THE FIRST SECTION EXAMINES THE VARIOUS MEANINGS OF THE TERM 'COURT DELAY,' DIFFERING MEASURES OF DELAY, AND THE IMPLICATIONS OF THOSE MEASURES. BACKLOG AND CASE-PROCESSING TIME AS MEASURES OF DELAY, SPEEDY TRIAL STANDARDS, AND SOURCES OF DELAY DATA ARE DISCUSSED. THE NEXT SECTION DISCUSSES THE IMPORTANT CONSEQUENCES OF PRETRIAL DELAY, WITH ATTENTION TO LITIGANT AND SOCIAL COSTS, DETERRENCE, SOCIETAL PROTECTION, REHABILITATION, JAIL OVERCROWDING, FAILURE-TO-APPEAR RATES, AND CITIZEN RESPECT FOR THE JUDICIARY. THE LAST SECTION REVIEWS THE LITERATURE AVAILABLE ON ASSERTED CAUSES OF, AND SUGGESTED REMEDIES FOR, DELAY. WORKLOAD AND RESOURCE FACTORS, ADMINISTRATIVE AND PROCEDURAL FACTORS, LEGAL PROCEDURE, COURT CALENDAR SYSTEMS, CASE MONITORING, AND SCREENING AND SETTLEMENT PROCEDURES ARE DISCUSSED. THE ACCOMPANYING ANNOTATED BIBLIOGRAPHY EMPHASIZES PRINTED SPEECHES, REPORTS, AND SCHOLARLY WORKS PUBLISHED AFTER 1960, ALTHOUGH A NUMBER OF CLASSICS IN THE FIELD ARE INCLUDED. THE FIRST PART OF THE BIBLIOGRAPHY INCLUDES THOSE PUBLICATIONS CONTAINING DISCUSSIONS OF JUDICIAL ADMINISTRATION AND COURT ORGANIZATION, WHILE THE SECOND AND THIRD PARTS OFFER DISCUSSIONS ON PUBLICATIONS DEALING WITH CRIMINAL AND CIVIL CASE PROCESSING. THE FINAL PART CONTAINS A LIST OF SOURCE BOOKS AND BIBLIOGRAPHIES WHICH WILL AID IN FURTHER RESEARCH ON RELATED SUBJECTS. WHERE WORKS MAY BE APPLICABLE TO MORE THAN ONE SECTION, CROSS-REFERENCES ARE PROVIDED.