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NATURE OF SYSTEM CHANGE - REFORM IMPACT IN THE CRIMINAL COURTS

NCJ Number
53258
Author(s)
R T NIMMER
Date Published
1978
Length
239 pages
Annotation
FOLLOWING AN OVERVIEW OF BOTH THE REFORM AND JUDICIAL PROCESSES, THE INTERACTION BETWEEN AN IMPLEMENTED REFORM AND CHANGED BEHAVIOR WITHIN THE JUDICIAL PROCESS IS EXAMINED.
Abstract
THE OBJECTIVE HERE IS TO EXAMINE THE RESPONSE OF A LAW-ADMINISTERING SYSTEM TO VARIOUS STIMULI. THE KEY TERM IS 'SYSTEM IMPACT,' WHICH REFERS BROADLY TO ANY BEHAVIOR CHANGE WITHIN THE ORGANIZATION OR SYSTEM STUDIED, INDUCED BY A REFORM. IMPACT IS MEASURED IN BEHAVIORAL, NOT ATTITUDINAL, TERMS. BECAUSE IN PRACTICE, SPEED OF DISPOSITION IS MOST OFTEN SEEN AS SECONDARY TO OTHER INTERESTS AND MAY BE MANIPULATED TO ACHIEVE MORE IMPORTANT OBJECTIVES, A CASE STUDY OF JUDICIAL DELAY IS PRESENTED TO POINT UP THE AMBIGUOUS NATURE OF THE REFORM THEME AND THE DIFFERENCES BETWEEN REFORM POLICY AND SYSTEM PRACTICE. WITHIN THIS FRAMEWORK, A VARIETY OF REFORMS ARE EXAMINED WITH SPECIFIC REFERENCE TO THEIR SYSTEM IMPACT. TWO MANDATORY REFORMS--PLEA BARGAINING CONFERENCES AND SHIFTS BETWEEN INDIVIDUAL AND MASTER COURT CALENDARS--ARE CONSIDERED, FOLLOWED BY REVIEWS OF TWO OPTIONAL REFORMS--SPEEDY TRIAL STATUTES AND THE OMNIBUS HEARING PROCESS. WHILE IT IS NOT IMMEDIATELY APPARENT WHICH REFORM TECHNIQUE IS MORE LIKELY TO HAVE IMPACT, OPTIONAL REFORMS REFLECT A BASICALLY DIFFERENT STRATEGY FOR CHANGE THAN DO MANDATORY REFORMS; THERE IS AN EXPLICIT RELIANCE ON ELECTIVE OR DISCRETIONARY BEHAVIOR BY ONE OR MORE PARTICIPANTS. BY DEFINITION, A MANDATORY REFORM IS APPLICABLE TO ALL CASES WITHIN ITS DEFINED SCOPE AND WITHOUT DISCRETION. BECAUSE OF THIS, MANDATORY REFORMS DIFFER FROM OPTIONAL REFORMS IN THE SYSTEMATIC PATTERNS THAT OCCUR WHEN THE REFORM GENERATES INSUFFICIENT INCENTIVES TO DISRUPT NORMATIVE BEHAVIOR. FINALLY, THE NATURE OF THESE 'IMPACT RELATIONSHIPS' IS EXPLORED, AND A FRAMEWORK FOR FUTURE RESEARCH ON SUCH ISSUES IS PRESENTED. REFERENCE NOTES AND TABULAR AND GRAPHIC DATA ARE PROVIDED. AN INDEX IS NOT INCLUDED. (KBL)

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