NCJ Number
16653
Journal
Case and Comment Volume: 80 Issue: 1 Dated: (JANUARY-FEBRUARY 1975) Pages: 3-8
Date Published
1975
Length
6 pages
Annotation
A REVIEW OF PROCEDURAL COMPLICATIONS AND FACTORS IN COURT DELAY WITH PROPOSED SOLUTIONS DEALING WITH STATUTORY TIME LIMITATIONS, POLICIES ON CONTINUANCES, AND COURT CONSOLIDATION.
Abstract
AS AN EXAMPLE OF SEVERE COURT DELAY, THE AUTHOR OUTLINES PEOPLE V. POWELL, A CALIFORNIA MURDER CASE WHICH TOOK OVER TEN YEARS TO BRING TO FINAL RESOLUTION. TYPICAL PROCEDURAL STEPS AND TIME LIMITATIONS FOR MISDEMEANOR AND FELONY CASES ARE THE DESCRIBED. COMPLICATING FACTORS WHICH MAY CAUSE COURT DELAY, SUCH AS DOUBLE ARRAIGNMENTS, PRE-TRIAL MOTIONS, TIME WAIVERS, REFILING OF CASES, LAX ATTITUDES TOWARDS CONTINUANCES, AND LAZY JUDGES ARE REVIEWED. THE AUTHOR ALSO CITES THE DUPLICATION OF EFFORT. FACILITIES, AND PAPERWORK DUE TO THE SYSTEM IN FELONY CASES OF USING A MUNICIPAL OR JUSTICE COURT AND A SUPERIOR COURT AS AN IMPORTANT CAUSE OF COURT DELAY. THE AUTHOR PROPOSES SEVERAL SOLUTIONS TO THIS PROBLEM. AMONG THOSE LISTED ARE CONSOLIDATING ARRAIGNMENTS AND VARIOUS PRE-TRIAL HEARINGS AND MOTIONS, DECREASING STATUTORY TIME LIMITATIONS FOR TRIAL AND APPEAL, REQUIRING MANDATORY DISMISSAL FOR NON-COMPLIANCE WITH THESE LIMITATIONS, AND PROHIBITING THE REFILING OF CASES AFTER DISMISSAL. OTHER SUGGESTIONS INCLUDE A REVIEW OF THE TIME EACH COURT ACTUALLY SPENDS IN SESSION, THE CONSOLIDATION OF THE CRIMINAL SUPERIOR, MUNICIPAL AND JUSTICE COURTS, AND THE ABOLITION OF THE SUPERIOR COURT APPELLATE DEPARTMENT.