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NCJ Number: 69643 Find in a Library
Title: Criminal Case Processing From an Organizational Perspective - Current Research Trends
Journal: Justice System Journal  Volume:5  Issue:3  Dated:(Spring 1980)  Pages:258-273
Author(s): C Burstein
Date Published: 1979
Page Count: 16
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: The development of the organizational mode of analyzing criminal court decisions over the past decade is reviewed; and ways in which recent empirical findings can strengthen the organizational mode are discussed.
Abstract: Three types of research needs to improve the predictive power of the organizational model are suggested: (1) to explore other dimensions of organization theory, such as incentive structures and sanctioning systems that affect the behavior of the key actors, (2) to transform relevant organization concepts into quantifiable variables, and (3) to determine to what extent contextual influences from the external environment may affect the mode of court decisionmaking. The effects of the following external environment influences upon the judicial process are discussed: political culture, administrative or legislative controls on the discretionary power cooperatively exercised by prosecutors and defense counsels in the courtroom, pressures upon the adjudication process from victims (defendants) and the police, influences emanating from the professionally trained trial court administrator, and leverage exerted by State court administrators within a centralized state court system. Each of these external influences represents a pressure point from outside the courtroom that reduces the discretionary authority of the internal courtroom process. More research on the contextual dimensions of the judicial process to determine the strength of outside influences on various types of cases and decisions is advocated. Greater integration of research findings to better assist public policy development and planning is also recommended. Footnotes are provided.
Index Term(s): Judicial decisions; Judicial process; Judicial rulemaking; Organization studies
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