NCJ Number
44211
Journal
Trial Volume: 13 Issue: 11 Dated: (NOVEMBER 1977) Pages: 22-25
Date Published
1977
Length
4 pages
Annotation
THE ATTORNEY GENERAL OF THE UNITED STATES OUTLINES THE U.S. DEPARTMENT OF JUSTICE'S PROPOSALS FOR IMPROVING THE ADMINISTRATION OF JUSTICE, PARTICULARLY IN THE AREA OF CIVIL LITIGATION.
Abstract
ONE OF THE AUTHOR'S FIRST ACTS AS ATTORNEY GENERAL WAS THE CREATION OF AN OFFICE RESPONSIBLE FOR STUDYING AND RECOMMENDING SOLUTIONS TO PROBLEMS AFFECTING THE JUSTICE SYSTEM. THE OFFICE FOR IMPROVEMENTS IN THE ADMINISTRATION OF JUSTICE IS ADDRESSING SUCH MATTERS AS THE REVISION OF THE FEDERAL CRIMINAL CODE, COMPENSATION FOR VICTIMS OF CRIME, GUIDELINES FOR SENTENCING, AND CREATION OF A CENTRAL STATISTICAL BUREAU FOR THE DEPARTMENT OF JUSTICE. A BILL SUBMITTED TO CONGRESS BY THE DEPARTMENT WOULD EXPAND THE AUTHORITY OF U.S. MAGISTRATES, THUS REDUCING THE CIVIL AND CRIMINAL WORKLOADS OF FEDERAL DISTRICT COURT JUDGES. THE DEPARTMENT IS EXAMINING SEVERAL PROPOSALS FOR IMPROVING PROCEDURES IN CLASS ACTION SUITS AND IS CONSIDERING ALTERNATIVES TO CLASS ACTIONS AS REMEDIES FOR UNLAWFUL CONDUCT CAUSING MASS HARM. THE DEPARTMENT HAS PROPOSED LEGISLATION TO REDUCE THE DIVERSITY JURISDICTION OF THE FEDERAL COURTS. THE PROPOSAL WOULD RESULT IN THE ELIMINATION OF APPROXIMATELY 15,000 CASES FROM THE FEDERAL COURTS BUT WOULD INCREASE THE CIVIL CASELOAD OF THE STATE COURTS BY NO MORE THAN 1.5 PERCENT IN ANY STATE. IN THE AREA OF NONJUDICIAL RESOLUTION OF DISPUTES, THE DEPARTMENT HAS DEVELOPED LEGISLATION TO AUTHORIZE THE USE OF ARBITRATION IN THE FEDERAL COURTS FOR CERTAIN TYPES OF CIVIL CASES. ALSO UNDER CONSIDERATION ARE PROPOSALS TO CORRECT PERCEIVED ABUSES IN THE USE OF PRETRIAL DISCOVERY PROCEDURES AND TO PROMOTE EARLY IDENTIFICATION OF ISSUES IN COMPLEX LITIGATION.