NCJ Number
102569
Journal
Criminal Justice Policy Review Volume: 1 Issue: 2 Dated: (May 1986) Pages: 198-210
Date Published
1986
Length
13 pages
Annotation
After a literature review that focuses on the consequences and causes of court delays and programs to manage court delay, this paper presents the results of a 1982 survey to determine court managers' perspectives on court delay.
Abstract
Among the consequences of court delay cited in the literature are the weakening of prosecution evidence, increased pressure to plea bargain, the erosion of the law's deterrent effect, increased strain on jail resources, and loss of public confidence in the courts. Empirical evidence of the consequences of delay, however, is uncertain at best and indeterminate at worst. The literature's frequently mentioned causes of delay include underfunding of court, population increases, increased litigiousness, laws for personal morality, the underuse of court administrators, and continuances. Evidence indicates that a principal delay cause is inadequate court management. Numerous studies have indicated that the attitudes and perceptions of court actors may be the most critical variable in delay reduction programs. A 1982 survey of 731 court administrators (a return rate of 55.7 percent) found that court managers support the concept of court efficiency irrespective of the caseload size in their courts. Appointed court managers, in contrast to elected managers, are apparently more tolerant of delay. Length of service did not correlate with attitudes toward delay. The administrative environment affects managers attitudes toward the utility of jury trials, the causes and consequences of delay, and emphasis on efficiency. 4 notes, 3 tables, and 24-item bibliography.