NCJ Number
42006
Journal
Criminal Justice Review Volume: 2 Issue: 1 Dated: (SPRING 1977) Pages: 73-88
Date Published
1977
Length
16 pages
Annotation
AFTER DESCRIBING SOME OF THE PROPOSALS FOR INTEGRATING THE CRIMINAL JUSTICE SYSTEM, THIS ARTICLE ANALYZES POSSIBLE PROBLEMS RESULTING FROM SUCH PROPOSALS, WITH EMPHASIS ON THE PROBLEMS OF JUDICIAL INVOLVEMENT.
Abstract
THE CRIMINAL JUSTICE SYSTEM HAS BEEN CRITICIZED RECENTLY BECAUSE OF THE LACK OF COORDINATION AMONG ITS PARTS. THE CURRENT SYSTEM IS VIEWED BY SOME TO BE OPERATING IN SUCH A HAPHAZARD AND UNPLANNED FASHION THAT IT COULD MORE PROPERLY BE CHARACTERIZED AS A 'NONSYSTEM'. BECAUSE OF THIS SITUATION, TRIAL COURT JUDGES ARE BEING CALLED UPON TO ASSUME NEW RESPONSIBILITIES IN THE MODERN SYSTEM OF CRIMINAL JUSTICE. THIS ARTICLE FIRST DISCUSSES SOME OF THE CURRENT TRENDS, EXAMPLES, AND PROPOSALS FOR THE INCREASED INVOLVEMENT OF TRIAL COURTS WITH THE OTHER SEGMENTS OF THE CRIMINAL JUSTICE SYSTEM. THE SURVEY IS DIVIDED INTO THREE CATEGORIES: INCREASED JUDICIAL INVOLVEMENT WITH THE POLICE, INCREASED JUDICIAL INVOLVEMENT WITH CORRECTIONS, AND JUDICIAL INVOLVEMENT IN COMPREHENSIVE CRIMINAL JUSTICE PLANNING. THE ARTICLE THEN CONSIDERS AND ANALYZES SOME OF THE THEORETICAL, CONSTITUTIONAL, AND PRACTICAL PROBLEMS ASSOCIATED WITH INCREASED JUDICIAL INVOLVEMENT WITH THE OTHER SEGMENTS OF THE SYSTEM AND WITH THE CURRENT 'NONSYSTEM' INTO A MODERN 'SYSTEM' OF CRIMINAL JUSTICE. THE AUTHOR CONCLUDES THAT THE VALUES OF EQUAL JUSTICE, FREEDOM FROM CONFLICT OF INTEREST AND JUDICIAL INTEGRITY SHOULD NOT BE SACRIFICED TO PROMOTE EFFICIENCY, AND JUDICIAL INVOLVEMENT SHOULD BE ALLOWED ONLY WHEN IT WILL HAVE NO NEGATIVE EFFECT ON THESE VALUES. (AUTHOR ABSTRACT MODIFIED)...DMC