NCJ Number
43482
Date Published
1977
Length
102 pages
Annotation
SURVEYS AND ONSITE VISITS FOUND THAT MANAGEMENT PROBLEMS OF RURAL AND URBAN COURTS VARY GREATLY. FINDINGS, POSSIBLE SOLUTIONS, AND FOUR INNOVATIVE PROGRAMS ARE PRESENTED.
Abstract
BOTH RURAL AND URBAN COURTS SUFFER FROM TOO RAPID PROCESSING OF CASES, INADEQUATE SUPPORT FOR PROBATION AND NONJUDICIAL SERVICES, AND A FEELING OF ISOLATION. HOWEVER, THIS STUDY FOUND THAT RURAL COURTS SUFFER A BACKLOG AT INITIAL APPEARANCE BECAUSE MOST CASES ARE RESOLVED WITH A GUILTY PLEA, WHILE URBAN COURTS HAVE A BACKLOG AT THE PLEA BARGAINING STAGE BECAUSE MOST DEFENDANTS HAVE AN ATTORNEY AND NEGOTIATE THE GUILTY PLEA. FEW MISDEMEANOR COURTS HAVE SUFFICIENT CASE RECORD INFORMATION TO DETERMINE CASE FLOW BACKLOGS, AND EFFECTIVENESS OF COURT PROBATION SERVICES. THE FEELING OF ISOLATION AND UNIMPORTANCE IS EMPHASIZED BY THE FACT THAT WHENEVER A CONFLICT EXISTS, IT IS NEARLY ALWAYS RESOLVED IN FAVOR OF THE GENERAL TRIAL COURT. THE SPECIFIC MANAGEMENT FINDINGS IN THIS REPORT ARE BASED ON A LITERATURE SEARCH, A PRELIMINARY TELEPHONE SURVEY, A MAIL SURVEY OF A STATISTICAL SAMPLE OF 1366 LOWER COURT JUDGES (54% OF WHOM RESPONDED), AND ONSITE VISITS TO 12 COURTS OF VARYING SIZE. RECOMMENDATIONS WERE REFINED AT TWO CONFERENCES HELD IN DENVER IN APRIL AND MAY OF 1977. INNOVATIONS RECOMMENDED ARE: (1) USING THE PROBATION OFFICER AS A RESOURCE BROKER TO HELP UTILIZE COMMUNITY FACILITIES; (2) COMMUNITY RESTITUTION PROGRAMS TO PROVIDE AN OFFENDER WITH A MEANINGFUL WAY TO WORK OUT HIS PENALTY; (3) VOLUNTEER SERVICES (WITH A SUMMARY OF PROBLEMS INVOLVED); AND (4) A CITIZEN ADVISORY BOARD TO FACILITATE PUBLIC KNOWLEDGE OF MISDEMEANOR COURT AND TO ENCOURAGE SUPPORT. POSSIBLE MEANS OF IMPLEMENTING EACH SUGGESTION ARE GIVEN.