NCJ Number
51471
Date Published
1976
Length
20 pages
Annotation
A THEORETICAL MODEL IS DEVELOPED AS A STARTING POINT FOR THE EMPIRICAL WORK NEEDED TO PRODUCE QUANTITATIVE MEASURES OF THE INTERACTION BETWEEN COURT DELAY, AVAILABLE COURT RESOURCES, AND COURT EFFICIENCY.
Abstract
IT IS INDICATED THAT THE CURRENT INSTITUTIONAL ARRANGEMENTS FOR SUPPLYING COURT SERVICES, AS WELL AS THE POSTPONABLE NATURE OF DEMAND FOR COURT SERVICES, PRODUCE DELAYS WHEN AN EXCESS DEMAND FOR COURT SERVICES EXISTS. SUCH DELAYS, HOWEVER, ARE PERCEIVED AS NOT INCREASING INDEFINITELY DUE TO THE 'PRICE RATIONING' EFFECT DELAY HAS ON DEMAND. ASSUMING A FIXED AMOUNT OF TOTAL RESOURCES IN THIS CIRCUMSTANCE, COURT MANAGERS THEN DETERMINE THE ALLOCATION OF FIXED RESOURCES BETWEEN CRIMINAL AND CIVIL CASES. THUS, THE LEVEL OF TOTAL RESOURCES, DEMAND FOR COURT SERVICES, AND THE PRIORITIES SET IN ALLOCATING RESOURCES WILL ESTABLISH THE DELAYS EXPERIENCED FOR EACH OF THE TWO TYPES OF COURT SERVICES. A GRAPH OF THE MODEL IS PROVIDED TO SHOW HOW THESE FACTORS INTERACT. IT IS BELIEVED THE PUBLIC DEBATE SURROUNDING COURT DELAY HAS NOT VIEWED THE PROBLEM AS IT SHOULD BE VIEWED: AS THE DETERMINATION OF THE OPTIMAL LEVEL OF PUBLIC RESOURCES REQUIRED FOR PRODUCING COURT SERVICES AND THE SELECTION OF THE OPTIMAL MIX OF OUTPUT, GIVEN THIS LEVEL OF TOTAL RESOURCES. THE FRAMEWORK DEVELOPED IS CONSIDERED TO RECOGNIZE BOTH ELEMENTS OF THE PROBLEM, AND CAN BE USED TO SHARPEN THE ISSUES IF NOT RESOLVE THEM. IN PARTICULAR, THE EFFICACY OF REDUCING CRIMINAL CASE DELAY BY PARTICULAR LEGISLATIVE ACTIONS CAN BE EXAMINED BY USING THE MODEL. (RCB)