REPORT OF POUND CONFERENCE FOLLOW-UP TASK FORCE, AUGUST 1976

• NCJ Number: 43761
• Author(s): ANON
• Date Published: 1976
• Length: 56 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

A PROGRAM FOR ACTION BY THE AMERICAN BAR ASSOCIATION, BASED ON PROPOSALS MADE AT THE 'NATIONAL CONFERENCE ON THE CAUSES OF POPULAR DISSATISFACTION WITH THE ADMINISTRATION OF JUSTICE,' IS SET FORTH IN DETAIL.

Abstract

IMMEDIATE ACTION WAS URGED ON ALTERNATIVES TO CONVENTIONAL COURTS FOR MINOR CRIMINAL AND CIVIL CASES. IT WAS RECOMMENDED THAT THE AMERICAN BAR ASSOCIATION (ABA) COOPERATE WITH LOCAL COURTS AND STATE AND LOCAL BAR ASSOCIATIONS TO INVITE DEVELOPMENT OF NEIGHBORHOOD JUSTICE CENTERS, SMALL CLAIMS COURTS, AND ARBITRATION. ELIMINATING THE NEED FOR JUDICIAL ACTION FOR 'VICTIMLESS' CRIMES IS HIGHLY CONTROVERSIAL; IT WAS RECOMMENDED THAT STATE AND LOCAL BAR ASSOCIATIONS REVIEW THE PROBLEM OF DECRIMINALIZATION AND DEVELOP PROPOSALS IN THIS AREA. REFLECTING CURRENT DISSATISFACTION WITH THE OPERATION OF CRIMINAL LAW, RECOMMENDATIONS WERE MADE CONCERNING VIRTUALLY EVERY PHASE OF THE SYSTEM FROM ARREST THROUGH APPEAL. ELIMINATION OF THE PROFESSIONAL BONDSMAN WAS URGED AS AN IMPORTANT STEP IN BAIL REFORM. STANDARDS FOR PROSECUTORIAL DISCRETION WERE CONSIDERED DESIRABLE. EFFECTIVE PRETRIAL DISCOVERY WAS URGED, AND THE DESIRABILITY OF AN OMNIBUS PROCEDURE CONSIDERED. REFORM OF TRIAL PROCEDURES WAS CONSIDERED IMPORTANT WITH PENALTIES FOR NEEDLESS DELAYS WHICH WASTE TIME OF VICTIMS, JURORS, AND WITNESSES. COMPETENCE OF COUNSEL WAS ACCORDED HIGH PRIORITY. REDUCTION OF DISPARITY IN SENTENCING, CREATION OF INPRISON PROCEDURES TO DEAL WITH PRISONER COMPLAINTS, AND REFORM OF PRESENT POSTCONVICTION REMEDIES ALL NEED TO BE ENACTED. IT IS URGED THAT THE ABA AND STATE BAR ASSOCIATIONS WORK WITH APPROPRIATE AGENCIES TO BRING ABOUT NEEDED CHANGE. PRESENT PROCEDURES MANDATED BY THE EXCLUSIONARY RULE AND THE MIRANDA RULE WERE ALSO CRITICIZED AT THE CONFERENCE. ALTERNATIVE PROCEDURES, PERHAPS INCUSTODY INTERROGATION BEFORE A JUDICIAL OFFICER, SHOULD BE DEVELOPED TO PROTECT THE RIGHTS OF THE INDIVIDUAL YET OFFER EFFECTIVE ENFORCEMENT OF THE CRIMINAL LAW. IT WAS RECOMMENDED THAT THE NATIONAL CONFERENCE OF STATE TRIAL JUDGES SHOULD BE CONSULTED IN SOLVING THESE PROBLEMS. A NUMBER OF PROBLEMS INVOLVING CIVIL PROCEDURES WERE ALSO RECOMMENDED FOR ACTION.