NCJ Number
47217
Journal
Policy Studies Journal Volume: 3 Issue: 1 Dated: (AUTUMN 1974) Pages: 61-66
Date Published
1974
Length
6 pages
Annotation
THE MAJOR COURT POLICY GOALS PUT FOURTH BY THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS AND GOALS, DESIGNED TO EASE THE CRISIS FACING THE NATION'S COURTS, ARE REVIEWED.
Abstract
WHILE A CONSENSUS EXISTS THAT THE CRIMINAL COURTS DRASTICALLY REQUIRE CHANGE, THE COURSE OF SUCH CHANGE HAS NOT BEEN AGREED UPON. IN GENERAL, TWO MODELS OF THE CRIMINAL COURT SYSTEM CAN BE DELINEATED. THE CRIME CONTROL MODEL EMPHASIZED EFFICIENT AND FINAL PROCESSING OF THE GUILTY OFFENDER AND RESEMBLES THE ACTUAL ASSEMBLY LINE CHARACTER OF MUCH CRIMINAL JUSTICE IN COURTS FACED WITH OVERCROWDED DOCKETS. THE DUE PROCESS MODEL STRESSES FORMAL COURT PROCESSES FOR OVERCROWDED DOCKETS. THE DUE PROCESS MODEL STRESSES FORMAL COURT PROCESSES FOR CAREFULLY WEIGHING EVIDENCE AND QUALITY CONTROL RATHER THAN VOLUME OF CASE DISPOSITION; IT MORE CLOSELY APPROXIMATES WHAT HAS BEEN CONSIDERED THE AMERICAN IDEAL OF JUSTICE. THE NATIONAL COMMISSION HAS RECOGNIZED THE ADMINISTRATIVE NATURE OF CRIMINAL JUSTICE AND THE ROLE PLAYED BY DISCRETIONARY DECISIONS ON THE PART OF THE POLICE, THE PROSECUTOR, AND THE JUDGE. THE COMMISSIONS'S RECOMMENDATIONS STRONGLY EMPHASIZE THE NEED FOR INCREASING SPEED AND EFFICIENCY OF THE JUDICIAL PROCESS THROUGH THE ADDITION OF COURT FACILITIES AND PERSONNEL, AND EMPHASIS ON INCREASED PRECOURT SCREENING AND DIVERSION, AND THE REGULARIZATION AND FORMALIZATION OF ADMINISTRATIVE JUSTICE. HOWEVER, IN ITS RECOMMENDATIONS, THE COMMISSION HAS OVERLOOKED ORGANIZATIONAL NEEDS OF THE CRIMINAL JUSTICE SYSTEM TO MAINTAIN THE ORGANIZATION, TO ENSURE COOPERATIVE RELATIONS, AND TO CONTINUE STABILITY. THESE NEEDS ARE BY NATURE INCONSISTENT WITH THE GOALS OF EFFICIENCY, ECONOMY, AND SPEED. FURTHER, ADMINISTRATIVE REDUCTION OF CONFLICT AMONG PARTICIPANTS SEEMS UNLIKELY BECAUSE OF THE COMPETING GOALS OF THE PARTICIPANTS AND WOULD ALSO REMOVE THE CHECKS AND BALANCES ON PARTICIPANT ACTIONS. THE CONCERN WITH EFFICIENCY ALSO RESULTS IN A LACK OF SUFFICIENT ATTENTION TO THE DEFENDANT'S RIGHTS AND SUBSIDIARY ISSUES SUCH AS THE EFFECTS OF DISPARITIES IN SOCIOECONOMIC STATUS, RACE, AND GEOGRAPHY. THE COMMISSION FINDS SENTENCING DISPARITIES A MAJOR PROBLEM AND PROPOSES THE ESTABLISHMENT OF SENTENCING AGENCIES TO PROVIDE GREATER SENTENCING UNIFORMITY AND AN APPELLATE COURT FOR REVIEW OF SENTENCES. THIS PROPOSAL AVOIDS THE NEED FOR CREATING ADDITIONAL SENTENCING OPTIONS. THE MAJOR TENSION IN CRIMINAL JUSTICE BETWEEN DUE PROCESS AND CRIME CONTROL POLICY GOALS CAN BE SEEN IN THE AMBIVALENCE OF THE COMMISSION'S RECOMMENDATIONS. REFERENCES ARE PROVIDED. (JAP)