OUR JUDICIAL SYSTEM NEEDS HELP - A FEW INSIDE THOUGHTS

• NCJ Number: 52575
• Journal: University of San Francisco Law Review Volume: 12 Issue: 1 Dated: (FALL 1977) Pages: 3-14
• Author(s): J C WALLACE
• Date Published: 1977
• Length: 12 pages
• Corporate Author: University of San Francisco Law Review
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: ADAPTED FROM THE FOURTH ANNUAL LINDLEY LEGAL LECTURE DELIVERED IN SAN DIEGO, CALIFORNIA, FEBRUARY 22, 1973

Annotation

THE INABILITY OF THE JUDICIAL SYSTEM TO ADMINISTER JUSTICE EFFICIENTLY BECAUSE OF OVERBURDENED DOCKETS HAS RESULTED IN THE PUBLIC'S LOSS OF FAITH IN THE SYSTEM.

Abstract

THE INCREASING CRIME RATE HAS PRODUCED A TREMENDOUS AMOUNT OF CRIMINAL AND CIVIL LITIGATION. THE RESULTING BACKLOG OF CASES AND DELAYS HAS CONTRIBUTED TO THE FRUSTRATION OF THE LITIGANTS AND MAY EVEN CONSTITUTE A FACTOR IN THE INCREASE IN CRIME ITSELF. THE GROWING PUBLIC DISSATISFACTION WITH THE JUDICIAL SYSTEM, AND A CHANGING PUBLIC ATTITUDE TOWARD THE LAW ITSELF, MUST BE REVERSED TO CREATE A RENEWED CONFIDENCE IN THE INTEGRITY OF THE SYSTEM. THE PROBLEMS IN THE ADMINISTRATION OF JUSTICE ARE NOT INHERENT TO THE SYSTEM, RATHER THEY ARE CAUSED BY THE IMPACT OF THE INCREASE OF CASES ON THE CRIMINAL AND CIVIL COURT CALENDAR. WHILE THE BASIC PROBLEM OF OVERCROWDING IS HANDLED BY STRUCTURAL CHANGES IN THE COURTS' OPERATIONS, THERE SHOULD BE PUBLIC INVOLVEMENT IN THE PROGRAMS TO DESIGN AND IMPLEMENT THE NECESSARY REORGANIZATION. SUCH PARTICIPATION SEEMS ESSENTIAL FOR THE RESTORATION OF CONFIDENCE IN THE COURTS, BUT IT MUST ACCOMPANY CONCRETE CHANGES IN THE EFFECTIVENESS OF THE COURTS TO PROTECT THE PEOPLE AND TO ENFORCE THEIR LEGAL RIGHTS. THE INCREASE IN LITIGATION IS RELATED DIRECTLY TO THE INCREASE IN URBANIZATION AND TO THE INCREASE IN THE ADOLESCENT POPULATION WHICH IS LARGELY RESPONSIBLE FOR INCREASED CRIME RATES. THESE CONTRIBUTING FACTORS ARE IRREVERSIBLE, AND IT WILL BE NECESSARY FOR COURTS TO ADJUST TO THE SITUATION. THE USE OF INDIVIDUAL CALENDARS, OMNIBUS HEARINGS, SMALLER JURIES, AND COMPUTERIZED COURT DOCKETING SHOULD CONTRIBUTE TO IMPROVED ADMINISTRATION. LIMITATIONS ON THE USE OF DIVERSITY JURISDICTION WOULD DIMINISH THE BURDEN ON THE FEDERAL COURTS AND WOULD PERMIT FEDERAL JUDGES TO CONCENTRATE ON QUESTIONS OF FEDERAL LAW. THE CREATION OF SEPARATE COURTS AND QUASI-JUDICIAL TRIBUNALS TO DEAL EXCLUSIVELY WITH CERTAIN AREAS OF THE LAW WOULD FURTHER IMPROVE THE HANDLING OF SPECIFIC LEGAL PROBLEMS. THE FEDERAL JUDICIAL CENTER SHOULD EXPAND ITS RESEARCH INTO AREAS OF TECHNICAL ASSISTANCE FOR THE COURT SYSTEM. FOOTNOTES ARE PROVIDED. (TWK)