NCJ Number
43959
Date Published
1977
Length
38 pages
Annotation
APPROACHES TO CHANGING THE CRIMINAL JUSTICE SYSTEM IN THE UNITED STATES SO THAT MINOR DISPUTES BROUGHT BEFORE THE LAW CAN BE SETTLED MORE EFFECTIVELY ARE SUGGESTED.
Abstract
JUSTICE SHOULD BE UNDERSTANDABLE, EFFICIENT, AFFORDABLE, ACCESSIBLE TO ALL, AND EQUAL UNDER THE LAW. THE LAW, PARTICULARLY AS IT AFFECTS MINOR DISPUTES, SHOULD BE DEFORMALIZED AND DEMYSTIFIED SO THAT PARTICIPANTS IN THE CRIMINAL JUSTICE PROCESS CAN UNDERSTAND THEIR RIGHTS AND COMPREHEND PROCEDURES FOR ENFORCEMENT. RESOURCES OF THE LEGAL SYSTEM TEND TO BE EXPENDED ON REMEDIES RATHER THAN ON PREVENTION. RATHER THAN ATTEMPTING TO REDUCE THE HIGH COST OF LEGAL SERVICES, EFFORTS SHOULD BE DIRECTED TOWARD PREVENTING DISPUTES. APPROACHES TO REDUCING THE NUMBER AND SERIOUSNESS OF DISPUTES INCLUDE SIMPLIFYING AND CLARIFYING THE PROCEDURES OF THE LAW, PROVIDING COUNSELING AS TO THE ADVANTAGES AND DISADVANTAGES OF PARTICULAR COURSES OF ACTION, STANDARDIZING THE TERMS OF LEASING AND OTHER COMMON LEGAL ARRANGEMENTS, AND DECRIMINALIZING VICTIMLESS CRIMES. IT IS ALSO NECESSARY TO MAKE THE RESOLUTION OF DISPUTES AS ECONOMICAL AS POSSIBLE FOR THE PUBLIC SECTOR AND AFFORDABLE FOR EVERY CITIZEN. PRIMARY RESPONSIBILITY FOR ASSURING AFFORDABLE JUSTICE RESTS WITH THE LEGAL PROFESSION. THERE ARE THREE WAYS TO REDUCE THE EXPENSE OF DISPUTE RESOLUTION: DIVERSION TO A LOWER-COST FORUM; PROCEDURAL SIMPLIFICATION; AND PROVISION OF GOVERNMENT SUBSIDIES TO THOSE WHO LACK THE MEANS TO PAY. THE NEED TO MAKE JUSTICE ACCESSIBLE IS CLOSELY RELATED TO THE AFFORDABILITY REQUIREMENT. OTHER BARRIERS TO ACCESS INCLUDE LACK OF KNOWLEDGE ABOUT RIGHTS; DELAYS CAUSED BY CROWDED COURT DOCKETS; DISCRIMINATION ON GROUNDS OF RACE, RELIGION, OR SEX; PROCEDURAL BARRIERS; AND INADEQUATE AVAILABILITY OF LAWYERS AS A RESULT OF MALDISTRIBUTION OF LEGAL TALENT. WITH REGARD TO EQUALITY UNDER THE LAW, THE PROBLEMS OF DISCRIMINATION, THOUGH GREATLY REDUCED, HAVE NOT BEEN PUT TO REST. IT MUST ALSO BE REMEMBERED THAT THE ADVERSARY SYSTEM WORKS ONLY WHEN OPPOSING CONTESTANTS ARE EQUAL IN TALENT AND IN RESOURCES. FAIRNESS, TRUTH REVELATION, AND JUSTICE SHOULD NOT BE OVERPROMISED IN A SYSTEM BASED ON THE ADVERSARY CONCEPT.