NCJ Number
49742
Date Published
1975
Length
25 pages
Annotation
PUBLIC PERCEPTIONS OF AND ATTITUDES TOWARD THE JUDICIAL PROCESS ARE EVALUATED. APPARENT DISCREPANCIES BETWEEN THE REALITY AND APPEARANCE OF JUSTICE ARE ANALYZED.
Abstract
THE FEDERAL JUDICIARY IS AN ANOMALY IN A DEMOCRATIC SOCIETY. IT CONSISTS OF A NONELECTED GROUP WHICH DOES NOT HOLD OFFICE FOR A SPECIFIED TERM. ITS SURVIVAL AND EFFECTIVENESS DEPEND ULTIMATELY ON THE APPROVAL OF THE PUBLIC. APPEARANCE IS ONE NECESSARY ELEMENT IN THE ADMINISTRATION OF JUSTICE; OTHER ELEMENTS ARE THE ACTUALITY OR THE REALITY OF JUSTICE AND THE IDEAL OF JUSTICE. THE PUBLIC WOULD LIKE A COURT SYSTEM THAT HEARS AND DECIDES CASES FAIRLY AND EFFICIENTLY AND IS STAFFED BY JUDGES WHO ARE INTELLIGENT, FAIR, KNOWLEDGEABLE IN THE LAW, AND INCORRUPTIBLE. CONCERN ABOUT OUR FEDERAL COURT SYSTEM RESULTS PARTLY FROM THE FACT THAT JUDGES ARE HUMAN AND THUS FALLIBLE. THE APPEARANCE OF JUSTICE IS SUFFERING BECAUSE OF THE NOVEL INTERNAL PRACTICES ADOPTED BY SOME JUDGES TO MEET THE LARGE INCREASE IN CASELOADS. SCREENING HAS EMERGED, BRINGING WITH IT A DIFFERENTIATION OF DECISIONAL PROCESSES. SOME APPEALS ARE DECIDED WITHOUT ORAL ARGUMENT, WITHOUT CONFERENCE, AND WITHOUT A SIGNED OPINION. ONE DISCREPANCY BETWEEN REALITY AND APPEARANCE HAS DEVELOPED THROUGH THE PRACTICE OF SOME COURTS OF PROVIDING ONLY A CRYPTIC STATEMENT OF RESULTS RATHER THAN AN EXPLANATION. EACH APPELLATE COURT SHOULD CREATE AN ADVISORY COMMITTEE COMPOSED OF LAWYERS, TRIAL JUDGES, LAW PROFESSORS, AND APPELLATE JUDGES TO FOCUS ON INTERNAL DECISION PROCESSES. THE RETIREMENT AND REMOVAL OF FEDERAL JUDGES AND THE APPROPRIATE ROLE OF FEDERAL COURTS ARE CONSIDERED. THE IMPACT OF SOCIAL CHANGE ON CONSUMER PERCEPTIONS OF THE JUDICIAL PROCESS IS ASSESSED. (DEP)