SCREENING OF CRIMINAL CASES IN THE FEDERAL COURTS OF APPEALS - PRACTICE AND PROPOSALS

• NCJ Number: 9178
• Journal: Columbia Law Review Volume: 73 Issue: 1 Dated: (JANUARY 1973) Pages: 77-105
• Author(s): ANON
• Date Published: 1973
• Length: 29 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

TECHNIQUES FOR CLASSIFYING AND ROUTING CASES IN THE PREHEARING STAGES TO IDENTIFY FRIVOLOUS APPEALS AND THOSE THAT DO NOT REQUIRE LENGTHY ARGUMENT.

Abstract

CONSTITUTIONAL IMPERATIVES, PRACTICAL CONSIDERATIONS, AND SYSTEMIC FACTORS AFFECT THE ACCEPTABILITY OF ANY SCREENING PROCEDURE. SCREENING DEVICES WHICH WERE RECENTLY INTRODUCED INTO THE SECOND, FIFTH, AND DISTRICT OF COLUMBIA CIRCUITS ARE DESCRIBED AND EVALUATED. THE UNIQUE PROBLEMS WHICH ARISE IN THE PROCESSING OF PRISONER PETITIONS ARE ANALYZED. ALTERNATIVE APPROACHES ARE COMPARED FOR RESTRUCTURING THE FEDERAL APPELLATE SYSTEM TO ACCOMPLISH THE RESULTS OF SCREENING IN A MORE REGULARIZED AND EFFICIENT MANNER. THE HUFSTEDLER PLAN WOULD CREATE A COURT OF REVIEW TO SCREEN CASES FROM THE APPELLATE COURTS, WHILE THE MEADOR PROPOSAL WOULD ESTABLISH A CENTRAL APPELLATE STAFF TO DETERMINE THE MERITS OF AN APPEAL. IT IS SUGGESTED THAT WHATEVER TOOLS ARE CREATED TO HELP THE OVERBURDENED APPELLATE COURTS, THEY MUST BE BOTH EFFECTIVE AND FAIR.