NCJ Number
49529
Date Published
1973
Length
58 pages
Annotation
THE EXTENT OF DELAYS IN CRIMINAL CASE DISPOSITION IN NORTH CAROLINA'S SUPERIOR COURTS IS ASSESSED, WITH ATTENTION TO THE CAUSES OF DELAY AND THE NATURE OF THE BACKLOG.
Abstract
DATA FOR THIS STUDY WERE GATHERED FROM RECORDS OF 2,047 CASES FILED IN NORTH CAROLINA SUPERIOR COURTS IN 1971, AN ANALYSIS OF ALL CASES STILL PENDING IN 1971, AND INTERVIEWS WITH SOLICITORS. AGED CASES AND PENDING DISPOSITIONS WERE FOUND TO CONSTITUTE A SIZEABLE BACKLOG IN THE STATE. REASONS FOR THIS BACKLOG INCLUDE A POSSIBLE RELUCTANCE ON THE PART OF DEFENDANTS AND DEFENSE COUNCIL TO OBTAIN A SPEEDY JUDGMENT, THE INABILITY OF THE SUPREME COURTS TO DISPOSE OF CASES AS RAPIDLY AS NEW FILINGS OCCUR, AND THE INEFFICIENT MANAGEMENT OF COURT DOCKETS. THE AMOUNT OF TIME ELAPSING IN THE NORMAL PROCESSING OF CASES WAS EXAMINED BY DIVIDING THE PROCESS INTO THE FOLLOWING CATEGORIES: ARREST TO BAIL, ARREST TO HEARING, HEARING TO INDICTMENT, AND FORMAL CHARGE TO TRIAL. IN FELONY CASES, THE GREATEST DEGREE OF DELAY APPEARS TO OCCUR IN PROCEEDING FROM ARREST TO INDICTMENT. MISDEMEANOR CASES ARE SUBJECT TO VERY SIMILAR DELAYS. A STUDY OF THE POSSIBLE CAUSES FOR DELAY WAS CONDUCTED. DELAY IN RURAL COUNTY COURTS WITH SMALL CASELOADS RESULTS FROM LACK OF RESOURCES, PERSONNEL, AND COURT TIME WHILE LARGE URBAN COUNTIES SUFFER FROM THE GREATLY INCREASING CASELOADS. IT WAS FOUND THAT THE PUBLIC DEFENDER SYSTEM APPEARS TO BE MOST EFFICIENT, AND THAT EXTENSIVE BACKLOG INCREASES PROPORTIONATELY WITH THE NUMBER OF CASES REPRESENTED BY PRIVATE COUNSEL. SOLICITORS CAN ALSO IMPEDE OR EXPEDITE THE SPEED OF LITIGATION. PRETRIAL DISCOVERY PROCEDURES, INCREASED PERSONNEL IN SMALL COURTS, AND MORE EFFICIENT MANAGEMENT OF COURT SCHEDULES ARE RECOMMENDED SOLUTIONS. APPENDED MATERIALS INCLUDE A FULL DISCUSSION OF THE SAMPLING PROCEDURES AND A DESCRIPTION OF THE CASES AND COUNTIES STUDIED. TABULAR AND GRAPHIC DATA ARE PROVIDED. REFERENCES ARE FOOTNOTED. (DAG)