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Lengths to Which Courts Go To Try a Case (and Possible Remedies)

NCJ Number
110116
Author(s)
D A Sipes
Date Published
1988
Length
50 pages
Annotation
Data were analyzed from more than 1,500 cases in 9 trial courts of general jurisdiction in New Jersey, Colorado, and California to examine factors contributing to variations in the length of trials.
Abstract
Trial length was found to vary greatly both within and among States. Median civil trial lengths ranged from 10 to 30 hours, while criminal trials ranged from 6.5 to over 23 hours. Part of this variation could be attributed to structural factors, particularly the nature of the court's caseload and its method of jury selection and examination. For instance, courts with many homicide and product liability cases had longer trial medians than those trying more motor vehicle torts and burglaries; courts allowing attorney voir dire had greater median lengths than those with judge voir dire. Despite this, similar trials also were found to vary widely in duration, suggesting that some courts try their cases more expeditiously than others. Based on the data, site interviews, and questionnaire responses, the overall results suggest that the degree of judicial management at all phases of the trial is the single most important factor in accounting for variation in trial length. Further, the majority of judges and attorneys perceived no lack of fairness or increased injustice in those courts with shorter trial lengths. 5 footnotes, 7 tables, and data collection forms. For full report, see NCJ 10117. (Author abstract modified)