NCJ Number
9386
Date Published
1971
Length
125 pages
Annotation
THIS REPORT DISCUSSES THE EFFECTS OF AN OMNIBUS HEARING USED IN THE SAN DIEGO, CALIFORNIA, FEDERAL TRIAL COURT DURING 1967.
Abstract
ONE METHOD OF INCREASING THE EFFICIENCY OF CRIMINAL ADJUDICATION WHICH HAS RECEIVED WIDESPREAD ATTENTION IS THE OMNIBUS HEARING. THE OMNIBUS HEARING IS RECOMMENDED BY THE AMERICAN BAR ASSOCIATION STANDARDS RELATING TO DISCOVERY AND PROCEDURES BEFORE TRIAL. IT IS DESIGNED TO CONSOLIDATE PRETRIAL PROCEDURES SO THAT ISSUES CAN BE IDENTIFIED AND CASES DISPOSED OF WITH MINIMAL PROCEDURE DELAY. IN THIS REPORT THE FILES FOR A SAMPLING OF PRE-OMNIBUS HEARING NARCOTIC CASES WERE COMPARED TO NARCOTIC CASES IN WHICH THE HEARINGS WERE USED. IT WAS FOUND THAT, WHILE DISCOVERY INCREASED, THE AMOUNT OF JUDGE TIME PER CASE WAS HIGHER AND DISPOSITION SLOWER WHEN OMNIBUS HEARINGS WERE USED. THE AUTHOR SUGGESTS SEVERAL REASONS FOR THIS GENERALLY COUNTER-PRODUCTIVE RESULT IN SAN DIEGO. THESE INCLUDE AN ALREADY EFFICIENT ALLOCATION OF JUDICIAL RESOURCES AND THE WILLINGNESS OF DEFENSE ATTORNEYS TO PARTICIPATE IN OMNIBUS HEARINGS FOR DISCOVERY PURPOSES BEFORE ENTERING INTO PLEA NEGOTIATIONS. THE LESSONS TO BE LEARNED FROM THE SAN DIEGO EXPERIENCE WILL BE OF INTEREST TO THOSE INDIVIDUALS AND JURISDICTIONS CONSIDERING THE IMPLEMENTATION OR REVISION OF OMNIBUS HEARING PROCEDURES. (SNI ABSTRACT)