NCJ Number
15249
Date Published
1974
Length
563 pages
Annotation
ANTHOLOGY OF ESSAYS DESCRIBING LONG-TOLERATED LOWER COURT CONDITIONS OF ASSEMBLY-LINE JUSTICE THAT ADVERSELY INFLUENCE THE LIVES OF THOSE WHO APPEAR BEFORE THEM.
Abstract
NO FORMAL LEGAL INSTITUTION EXCEPT THE POLICE HAS AS MUCH DIRECT CONTACT WITH PEOPLE AS THE LOWER CRIMINAL TRIAL COURTS. FOR A MAJORITY OF THE POPULATION, THESE COURTS EMBODY THE LAW AND JUDICIAL PROCESS OF OUR GOVERNMENT. EXCEPT FOR ENCOUNTERS WITH THE MUNICIPAL, MISDEMEANOR, TRAFFIC, AND MAGISTRATES' COURTS OF THEIR COMMUNITIES, MOST CITIZENS HAVE NO EXPERIENCE WITH 'JUDGES,' 'TRIALS,' OR 'COURTS.' AS THIS ANTHOLOGY OF ESSAYS SHOWS, THESE ENCOUNTERS ARE SELDOM HAPPY ONES. THE SELECTIONS THAT EXPLORE THE PROBLEMS OF THE LOWER COURTS ARE GROUPED UNDER SIX HEADINGS. IN PART I, THE HISTORICAL DEVELOPMENT OF LOWER COURT PROBLEM IS DISCUSSED, AND AN OVERVIEW OF ISSUES CURRENTLY FACING THE COURTS IS PROVIDED. PART II INCLUDES SEVERAL ESSAYS ON THE SOCIAL ORGANIZATION OF THE LOWER COURTS, IN WHICH THE AUTHORS TAKE A FUNCTIONAL SYSTEM OR EXCHANGE APPROACH TO SHOW THE INFLUENCE OF NONLEGAL FACTORS IN THE APPLICATION OF FORMAL RULES. PART III PRESENTS A POLITICAL PERSPECTIVE THAT INDICATES THE INTENSITY AND THE STRENGTH OF TIES BETWEEN LOWER COURT SYSTEMS AND POLITICS. PART IV FOCUSES ON THE ACTUAL PERFORMANCE OF LOWER CRIMINAL COURTS - THEIR ATMOSPHERE, THEIR DECISIONS, AND THEIR IMPACT ON MINORITY GROUPS. PART V TURNS TO NONADVERSARIAL MODES OF JUDICIAL DECISION-MAKING AS A POTENTIAL ALTERNATIVE TO THE FORMAL DEMANDS OF DUE PROCESS. FINALLY, PART VI DEALS WITH THE PROBLEMS AND PROCESSES OF REFORM. SEVERAL ALTERNATIVES TO THE PRESENT SYSTEM ARE DISCUSSED, AND THE FACTORS DETERMINING THE POTENTIAL FOR CHANGE IN THE LOWER CRIMINAL COURTS ARE ANALYZED. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)