NCJ Number
47978
Date Published
1978
Length
216 pages
Annotation
AN EXTENSIVE NATIONWIDE RESEARCH PROGRAM TO IDENTIFY MANAGEMENT PROBLEMS IN MISDEMEANOR COURTS, TO DEVELOP MANAGEMENT TECHNIQUES TO REMEDY THOSE PROBLEMS, AND TO TEST THOSE TECHNIQUES IS DESCRIBED.
Abstract
THE FIRST PART OF THIS RESEARCH PROJECT IS REPORTED, AND THE RESEARCH DESIGN FOR THE SECOND IS OUTLINED. DEFINITIONAL, HISTORICAL, AND MANAGEMENT PERSPECTIVES OF THE MISDEMEANOR COURTS ARE PRESENTED. STATE MISDEMEANOR COURTS ARE EXCEEDINGLY DIVERSE AS A RESULT OF NUMEROUS JURISDICTIONAL, ORGANIZATIONAL, ADMINISTRATIVE, AND ENVIRONMENTAL VARIABLES. THIS DIVERSITY NECESSITATED A MULTIFACETED RESEARCH APPROACH WHICH INVOLVED A LITERATURE REVIEW, TELEPHONE INTERVIEWS, MAIL SURVEYS, FIELD INTERVIEWS AND OBSERVATIONS, AND WORKSHOPS INVOLVING COURT JUDGES AND NONJUDICIAL PERSONNEL. BECAUSE OF THE DIVERSITY AND COMPLEXITY OF COURTS, PROBLEM PRIORITIZATION WAS NECESSARY. THREE SETS OF PROBLEMS WERE IDENTIFIED. PROBLEMS COMMON TO ALL MISDEMEANOR COURTS INCLUDE INSUFFICIENT RESOURCES, UNDERUTILIZATION OF EXISTING RESOURCES, COURT ISOLATION FROM THE LOCAL COMMUNITY AND THE LOCAL AND STATE CRIMINAL JUSTICE COMMUNITIES, AND UNDERVALUATION OF MISDEMEANOR CASES. PROBLEMS MOST PREVALENT IN SMALL CITY AND RURAL AREA COURTS ARE LACK OF CASE PROCESSING STANDARDS, FAILURE TO MONITOR CASE PROGRESS AND MAINTAIN CASE AND CASEFLOW INFORMATION AND STATISTICS, INABILITY TO RESOLVE SCHEDULING CONFLICTS, AND INABILITY TO DEAL ADEQUATELY WITH CONTINUANCE REQUESTS. PROBLEMS FOUND PRIMARILY IN LARGER CITIES INCLUDE INDECOROUS AND CHAOTIC COURTROOM ENVIRONMENTS, INEFFICIENT USE OF JUDICIAL TIME, JUROR UNDERUTILIZATION, WITNESS INCONVENIENCES, AND LACK OF SUSTAINED JUDICIAL ATTENTION TO INDIVIDUAL CASES. MANAGEMENT MECHANISMS DESIGNED TO ALLEVIATE THESE PROBLEMS ARE OUTLINED. THE COMMUNITY RESOURCE PROGRAM IS DESIGNED TO IMPROVE RESOURCE UTILIZATION AND PROVIDE A MECHANISM FOR RESOURCE DEVELOPMENT THROUGH A CITIZEN ADVISORY BOARD, COMMUNITY RESOURCE BROKERAGE, COMMUNITY SERVICE RESTITUTION, EXPANDED VOLUNTEER SERVICES, AND AN INFORMATION EVALUATION SYSTEM. A CASE MANAGEMENT AND INFORMATION SYSTEM MODEL IS DESCRIBED IN DETAIL. FINALLY, A PRETRIAL SETTLEMENT CONFERENCE PROCEDURE DESIGNED TO ALLEVIATE CASEFLOW PROBLEMS IS DESCRIBED. A RESEARCH PLAN FOR IMPLEMENTATION AND EVALUATION OF THESE TECHNIQUES IS OUTLINED. EXTENSIVE APPENDIXES ARE INCLUDED, AND A BIBLIOGRAPHY OF RELEVANT DOCUMENTS ON GENERAL MANAGEMENT THEORY, COURT MANAGEMENT, CRIMINAL JUSTICE, MISDEMEANOR JUSTICE, COURT STUDIES, AND CRIMINAL JUSTICE STANDARDS IS ALSO PROVIDED. (JAP)