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Rationalizing Justice: The Political Economy of Federal District Courts

NCJ Number
125938
Author(s)
W Heydebrand; C Seron
Date Published
1990
Length
326 pages
Annotation
The transformation of government and society since 1950 has impacted the caseload of Federal district courts, and the increased complexity of cases has occurred in the context of Federal budget limitations.
Abstract
The movement from adjudication to negotiation is viewed as part of the rationalization of justice. There are many more plea bargains, pretrial conferences, and dismissed cases today than in the past. Magistrates, court administrators, clerks, probation officers, and other ancillary staff share in the duties of processing justice. Changing demands on Federal district courts are linked to changes in court organization and case disposal methods. Changes in case disposition, however, are only part of a much larger transformation in trial court adjudication. There has been a growth in the range, variability, and complexity of demands on Federal district courts and new organizational actors, such as court managers, computer experts, parajudges, and support staff. Historical factors affecting the institutional structure and dynamics of Federal district courts are reviewed. The demand for services resulting from economic, demographic, and political characteristics of court jurisdictions is analyzed. The authors contend that changes in the forms of law reflect tensions within liberal legalism among substantive and procedural due process, dispute resolution and policymaking, and law and order. 594 references, 31 tables, and 6 figures

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