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NCJ Number: 74294 Find in a Library
Title: Delay in Preliminary Investigation and Trial - A Study of Their Causes and Proposed Solutions
Journal: Criminal Justice Journal  Volume:1  Issue:1  Dated:(First Quarter 1980)  Pages:42-46
Author(s): C T Villanueva
Date Published: 1980
Page Count: 5
Type: Report (Study/Research)
Format: Article
Language: English
Country: United States of America
Annotation: Findings from a study conducted by the Office of the President of the Philippines addressing delays in preliminary investigations and trials are discussed; proposed solutions are included.
Abstract: Survey findings supported the conclusion that backlogs and delays are the major constraints impeding the efficient administration of justice in the Philippines. It is suggested that this statement is true of other Asian countries and of the United States as well. Delays in preliMinary investigations are caused by the increase in the population, changes in the social and economic conditions of the people, and related factors such as the insufficent number of prosecutors to handle the large number of cases. Time involved in serving subpoenas to respondents and other witnesses adds to the delay. Proposals for remedying delays in pretrial investigations include increasing the number of crimes and the number of cases filed; divergent locations of the courts, necessitating extensive travel time for attorneys; judicial leniency in granting requests for postponement; deliberate absences or jumping bail by the accused; and time required for service of subpoenas and transcription of stenographic notes. It is suggested that more timely trials could be accomplished by increasing the number of branches of courts and filling existing vacancies, gathering all court branches in one central location, and enforcing the requirement that judges hold sessions for 5 hours per day. Other possible measures include enforcing legal requirements for granting postponements, applying new constitutional provisions regarding deliberate absences of the accused, and considering the depenalization or decriminalization of certain offenses. Six footnotes are included.
Index Term(s): Court delays; Philippines; Studies; Trial preparation
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