NCJ Number
106225
Journal
Criminal Law Bulletin Dated: (July-August 1987) Pages: 323-338
Date Published
1987
Length
16 pages
Annotation
A number of basic concerns cloud the issue of court delay and its reform: the time period to be measured, the validity of available court data, the limits of acceptable delay, and the effect of delay on participants.
Abstract
While long court delays may have negative consequences for a defendant, a number of court participants may prefer long delay or be unconcerned about it. Defendants' cases may be improved by the unavailability of witnesses, and their incarceration is delayed. Private attorneys may be able to collect more of their legal fees, and prosecutors and public defenders may need extra time because of heavy caseloads. Proposals to reduce delay include increasing resources, creating and enforcing statewide court rules, developing improved case management techniques and procedural reforms, and developing realistic speedy trials programs based on an awareness of the local legal culture and its attitude toward delay. For New Jersey, the case management and procedural reform option is preferred. However, such an approach cannot work without the support of court participants.