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NCJ Number: 94348 Find in a Library
Title: Cures Court Congestion - The State of the Art of Court Delay Reduction
Journal: Judges' Journal  Volume:23  Issue:1  Dated:(Wianter 1984)  Pages:4-7,52-53
Author(s): E C Friesen
Date Published: 1984
Page Count: 6
Format: Article
Language: English
Country: United States of America
Annotation: Studies and experiments by the National Center for State Courts conclude that court delay is controllable, that it is basically a problem of intensive management by persons committed to controlling delay, and that it requires a high degree of communication between agencies and actors involved in the process.
Abstract: Each locale must design and implement its own system of case flow management, subject to several universal concepts: the court should take early control of the case and should maintain continuous control, events should be scheduled within short time limits and should occur when they are scheduled, and attorneys' schedules should be reasonably accommodated. If these basic concepts are followed, cases will drop out of the system with substantial predictability. Opponents of the controlled management approach to delay reduction usually argue that the problem is one of inadequate resources that can be solved with more judges and other courtroom staff. They also argue that control is a bad cure because judges may eliminate due process and otherwise interfere with the adversary process. They also suggest that delay is not bad since cases need time to mature. However, evidence suggests that delay is not caused by insufficient personnel, that delay is far worse than the occasional judicial denial of due process, and that delay results in the loss of justice when memories are allowed to fade and facts are lost. Court delay reduction is a difficult process requiring concentrated and concerted action across organizational lines.
Index Term(s): Case processing; Court case flow management; Court delays; Program coordination; Program planning
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