NCJ Number
16361
Date Published
1974
Length
206 pages
Annotation
THE RELATION OF THE QUEST FOR 'PERFECT JUSTICE' AND CURRENT PROBLEMS IN COURT DELAY, COURT OVERCROWDING, MULTIPLE APPEALS, AND UNEQUAL JUSTICE ARE EXAMINED.
Abstract
THE AUTHOR ARGUES THAT WHILE LAW IS A COMBINATION OF JUSTICE AND COMPULSION, THE ASPECT OF COMPULSION (PUNISHMENT, LIABILITY, OR SANCTION) HAS BEEN IGNORED AS LAWMAKERS AND JUDICIAL MEMBERS ATTEMPT TO ACHIEVE PERFECT JUSTICE. HE MAINTAINS THAT PERFECT JUSTICE, IN THE FORM OF FLAWLESS COURTROOM PROCEDURES AND PERFECT JUDGES, JURIES, AND LAWYERS, IS IMPOSSIBLE TO ATTAIN. THE PRACTICAL EXPRESSION OF THIS SEARCH FOR PERFECT JUSTICE IS SEEN AS HAVING THREE THEMES - THE TENDENCY OF THE COURTS TO DUPLICATE AND TRIPLICATE THE JUDICIAL PROCESS, THE TENDENCY OF THE COURTS TO AVOID FINAL JUDGMENT, AND THE TREND FOR COURTS TO SUPERCEDE LEGISLATURES IN CREATING NEW LAWS, THEREBY TAKING ON RESPONSIBILITIES THEY ARE NOT EQUIPPED TO ASSUME. LEGAL THEORIES WHICH ARE VIEWED AS THE CAUSE OF THIS SITUATION ARE REVIEWED, AND INCLUDE THE THEORIES OF PERFECTABILITY, RETROACTIVITY, PARELLEL REVIEW, MULTIPLE REVIEW, DUE PROCESS OF LAW, AND EQUAL PROTECTION OF THE LAWS. SUGGESTIONS FOR BASIC CHANGES IN THE PRESENT JUDICIAL SYSTEM TO AVOID THE PROBLEMS CREATED IN THE SEARCH FOR PERFECT JUSTICE ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)