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Trial Delay - An Overview of the Pretrial Practitioner

NCJ Number
75735
Journal
Pretrial Services Annual Journal Volume: 3 Dated: (1980) Pages: 132-142
Author(s)
D Jones
Date Published
1980
Length
11 pages
Annotation
The causes, results, and possible remedies for are examined, with emphasis on application of the management sciences to case processing.
Abstract
Delays in court processing have been shown to increase the likelihood of failure to appear for defendants released before trial. Measurement of delay is a difficult process; the elapsed time between key processing points such as arrest and first judicial appearance represents the soundest measure. Two major causes for delays are the lack of adequate resources such as judges, and such inefficient or ineffective procedures as docketing mismanagement or overscheduling of attorney's time. Delays in court proceedings affect other components in the process. For example, parole officers often complain that they are unable to complete their reports because of the time required to spend in court waiting for cases to be heard. The application of management sciences and systems theory to the problem of delay represents the most creative solution to the problem. Applicable techniques in these areas include queyueing theory, optimum sequencing, critical path analysis, program evaluation review technique (PERT), optimal mix and choice analyses, and Markov choice analysis. More traditional solutions include court reorganization, stricter continuance policies, early hearings, use of 'no progress' reviews, overscheduling of judges, delegation of case scheduling to attorneys, and use of trial readiness documents. Charts and footnotes which include references are included.