NCJ Number
58439
Date Published
1978
Length
23 pages
Annotation
AN EXAMINATION IS MADE OF THE WAYS IN WHICH COUNTRIES CAN MAKE THE CRIMINAL JUSTICE SYSTEM FUNCTION SMOOTHLY AND EFFICIENTLY WHILE ENSURING FAIR TRIALS AND ACTIVE COMMUNITY INVOLVEMENT.
Abstract
ALMOST EVERY COUNTRY IS CONFRONTED WITH A CRISIS IN THE ADMINISTRATION OF JUSTICE CAUSED BY THE ALARMING INCREASE IN THE CRIME RATE AND THE RESULTANT BACKLOG IN THE CRIMINAL JUSTICE SYSTEM. ONE OF THE MOST DIRECT MEANS OF CORRECTING THIS BACKLOG IS TO ENACT MEASURES AIMED AT REDUCING THE NUMBER OF CASES ENTERING THE SYSTEM. SUCH MEASURES WOULD INCLUDE DIVERSION; DECRIMINALIZATION AND DEPENALIZATION; CRIME PREVENTION; IMPROVING LEGISLATIVE PRACTICE; AND PRESCRIBING PERIODS OF LIMITIZATION FOR PROSECUTION. ULTIMATELY REDUCTION IN CRIME CAN ONLY BE ACHIEVED AS SOCIAL INJUSTICES ARE REMOVED AND THE COMMUNITY BECOMES INVOLVED IN CRIME PREVENTION AND COMMUNITY-BASED CORRECTION PROGRAMS. SPECIFIC MEASURES CAN ALSO BE UNDERTAKEN TO IMPROVE THE EFFICIENCY OF POLICE AND PROSECUTORS. POLICE DEPARTMENTS CAN TAKE STEPS TO IMPROVE MANAGEMENT, INSURE PUBLIC COOPERATION, AVOID OR REDUCE ABUSE OF POWERS, REDUCE DELAYS IN CRIME INVESTIGATION. THE ROLE OF PUBLIC PROSECUTORS IN REDUCING COURT BACKLOGS COULD BE HEIGHTENED, IN COUNTRIES USING THE ANGLO-SAXON JUDICIAL SYSTEM, BY INCORPORATING SOME OF THE BROADER FUNCTIONS GRANTED PUBLIC PROSECUTORS UNDER THE CONTINENTAL SYSTEM (AS MODIFIED BY JAPAN, KOREA, AND INDONESIA). THE OPERATIONS OF THE COURTS CAN BE IMPROVED IN TERMS OF MANAGEMENT; USE OF SUMMARY PROCEDURES; HEARING OF CASES; COMMITAL PROCEEDINGS; PRESCRIBING STATUTORY TIME LIMITS FOR COURT PROSECUTIONS; LEGAL ASSISTANCE TO THE ACCUSED; TRIAL OF WHITE COLLAR CRIMES; AND ADDITIONAL OTHER MEASURES. IN ATTEMPTING TO ALLEVIATE COURT BACKLOGS, COUNTRIES SHOULD NOT LOSE SIGHT OF THE NEED TO ENSURE THAT DEFENDANTS RECEIVE JUSTICE. NO REFERENCES ARE PROVIDED. (KCP)