NCJ Number
10142
Date Published
1971
Length
224 pages
Annotation
CRITICISM OF PRACTICES, INEFFICIENCIES, AND INEQUITIES OF THE AMERICAN TRIAL COURT SYSTEM, WITH CURRENT PROPOSALS FOR COURT REFORM.
Abstract
BASED ON VISITS TO COURTS ACROSS THE NATION, INTERVIEWS WITH COURT OFFICIALS AND ATTORNEYS, AND INTENSIVE RESEARCH INTO COURT REFORM LITERATURE. THE AUTHOR FINDS THE COURTS TO BE GROSSLY INADEQUATE TO HANDLE THE DEMANDS PLACED UPON THEM. JUSTICE IS SUBJUGATED TO EXPEDIENCY BY THE EVER INCREASING PRACTICE OF PLEA BARGAINING. LONG DELAYS IN CASE SCHEDULING AND LEGAL PROCEEDINGS CAUSE THE COSTLY AND UNWARRANTED DETENTION OF DEFENDANTS. THE HIGH COST OF LEGAL REPRESENTATION IS PROHIBITIVE FOR MANY CITIZENS, WHO FIND THEMSELVES BEING REPRESENTED BY POORLY PAID COURT APPOINTED LAWYERS. OUTMODED COURT ADMINISTRATION PRACTICES FURTHER IMPEDE THE SYSTEM'S OPERATION. REFORMS INCLUDE REMOVAL OF CRIMINAL SANCTIONS FROM REVOLVING-DOOR CRIMES AS GAMBLING, PROSTITUTION, DRUG ADDICTION, ALCOHOLISM, AND VAGRANCY, ELIMINATING AUTOMOBILE ACCIDENT LITIGATION, COURT REORGANIZATION TO END JURISDICTIONAL CONFUSION, APPLICATION OF MODERN MANAGEMENT AND COMPUTER TECHNOLOGY TO COURT OPERATION, ABOLITION OF MINIMUM-SENTENCING LAWS, INCREASED REHABILITATIVE SENTENCING, ELIMINATION OF JURIES, AT LEAST IN CIVIL CASES, BETTER LEGAL PROTECTION FOR THE POOR, AND RESTRUCTURING LEGAL EDUCATION TO PROVIDE BETTER TRAINING FOR TRIAL LAWYERS AND SUBPROFFESSIONALS TO WORK AS CLERKS AND PROBATION OFFICERS.