SLIGHTLY MOVEABLE OBJECT - A CASE STUDY IN JUDICIAL REFORM IN THE CRIMINAL JUSTICE PROCESS - THE OMNIBUS HEARING

• NCJ Number: 9517
• Journal: Denver Law Journal Volume: 48 Issue: 2 Dated: (1971) Pages: 179-210
• Author(s): R T NIMMER
• Date Published: 1971
• Length: 32 pages
• Sale Source: University of Denver
• Language: English
• Country: United States of America

Annotation

UNDERLYING PROBLEMS IN ACHIEVING REFORM OF THE CRIMINAL JUSTICE PROCESS AT THE JUDICIAL LEVEL, ILLUSTRATED BY THE OMNIBUS HEARING REFORM ATTEMPT.

Abstract

THE THESIS OF THIS ARTICLE IS THAT ATTEMPTS TO REFORM THE CRIMINAL JUSTICE SYSTEM ARE LIKELY TO FAIL UNLESS THE REFORM DESIGN RECOGNIZES AND ACCOUNTS FOR THE TENDENCY OF PRE-EXISTING ADMINISTRATIVE PROCESSES TO NULLIFY THE REFORM. A STUDY WAS CONDUCTED ON THE IMPACT OF THE OMNIBUS HEARING REFORM IN THE SAN DIEGO FEDERAL DISTRICT COURT. THE STUDY FOUND THAT ALL BUT ONE OF THE STATED OBJECTIVES OF THE REFORM PROJECT WERE EITHER UNPERFORMED, OR WERE PERFORMED POORLY. THE AUTHOR ATTRIBUTES THIS FAILURE TO THE FACT THAT THE PRE-EXISTING ADMINISTRATIVE PROCESS HAD ALREADY ACHIEVED A BALANCE WHICH MAXIMIZED PERFORMANCE. THE OMNIBUS REFORM PLANNERS HAD FAILED TO EXAMINE THAT PRE-EXISTING PATTERN AND THEIR EFFORTS AT REFORM WERE NULLIFIED. (AUTHOR MODIFIED)