NCJ Number
58453
Date Published
1978
Length
8 pages
Annotation
THIS ARTICLE SUMMARIZES 23 PAPERS, FROM 15 COUNTRIES, PRESENTED AT THE 47TH INTERNATIONAL TRAINING COURSE HELD DURING 1977. PAPERS FOCUSED ON CRIMINAL JUSTICE DELAYS DURING INVESTIGATION, PROSECUTION, OR TRIAL.
Abstract
MANY PARTICIPANTS POINTED OUT DELAYS IN CRIMINAL INVESTIGATIONS ARISING MAINLY FROM THE LACK OF TRAINED INVESTIGATORS AND SCIENTIFIC FACILITIES. PROBLEMS HAVE ALSO ARISEN BECAUSE OF THE LACK OF CLOSE COOPERATION BETWEEN POLICE, PUBLIC PROSECUTORS, AND THE PUBLIC. PARTICIPANTS WERE IN COMPLETE AGREEMENT ABOUT THE NEED TO ADDRESS THESE THREE AREAS. WHILE THE PERIOD OF TIME THAT A SUSPECT CAN BE DETAINED IN THESE COUNTRIES VARIES, IT WAS AGREED THAT SUCH DETENTION SHOULD BE FOR AS SHORT A PERIOD AS POSSIBLE. ALSO THE COURTS SHOULD PLAY A MORE ACTIVE ROLE IN DETERMINING THE DETENTION PERIOD. THE ACCUSED SHOULD BE INFORMED OF CHARGES AGAINST THEM AND OF THEIR RIGHTS. ATTENTION WAS PAID TO JAPANESE AND PAPUA NEW GUINEA REGULATIONS CONCERNING DEFENDANT'S RIGHT TO LEGAL COUNSEL. EMPHASIS WAS PLACED ON THE NEED TO ESTABLISH CLOSE COOPERATION AND MUTUAL UNDERSTANDING OF ROLES OF VARIOUS PROSECUTING ORGANS INCLUDING POLICE AND PUBLIC PROSECUTORS. ATTENTION WAS PAID TO COMMITTAL PROCEEDING, USED IN COUNTRIES INFLUENCED BY THE BRITISH LEGAL SYSTEM TO DETERMINE WHETHER A CASE SHOULD BE HEARD IN COURT. ALTERNATIVES TO FORMAL COURT TRIALS SUCH AS ARBITRATION PANELS WERE DISCUSSED. PROBLEMS OF TRIAL DELAY WERE STUDIED IN TERMS OF LACK OF COURT PERSONNEL; NONAPPEARANCE OF LITIGANTS AND WITNESSES; IMPROPER SCHEDULING AND CONTROL OF CASES; AND TACTICS USED FOR POSTPONEMENT. PROBLEMS OF LONG DETENTION OF DEFENDANTS AWAITING TRIAL WERE MENTIONED AND REMEDIES WERE PROPOSED. DEFENDANT'S RIGHT TO COUNSEL AND THE APPEALS PROCESS WAS ANALYZED IN TERMS OF BALANCING THE NEED FOR SPEEDY TRIALS AND ENSURING THAT JUSTICE IS ACHIEVED. (KCP).