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NCJ Number:	61960

Title:	DYNAMICS OF COURTHOUSE JUSTICE - A CRITICAL REVIEW OF THE LITERATURE

Journal:	JUSTICE SYSTEM JOURNAL Volume:5 Issue:1 Dated:(FALL 1979) Pages:70-78

Author(s):	D W NEUBAUER

Corporate Author:	Institute for Court Management United States

Sale:	UMI Dissertation Services 300 North Zeeb Road P.O. Box 1346 Ann Arbor, MI 48106-1346 United States William S Hein and Co, Inc 1285 Main Street Buffalo, NY 14209 United States Institute for Scientific Information University City Science Ctr 3501 Market Street Philadelphia, PA 19104 United States

Publication Date:	1979

Pages:	9

Type:	Studies/research reports

Origin:	United States

Language:	English

Annotation:	THE BOOKS BEING REVIEWED SHOW THAT THE PROBLEMS OF COURTHOUSE JUSTICE REFLECT THE DIFFICULT TASKS ASSIGNED TO COURT PERSONNEL, WITH OTHER WRITINGS INDICATING THAT REFORMERS HAVE IGNORED THE DYNAMICS OF THE COURTHOUSE.

Abstract:	USING THE FRAMEWORK OF THE COURTROOM WORKGROUP, OR INFORMAL ORGANIZATION, THE STUDY BY EISENSTEIN AND JACOB EFFECTIVELY HIGHLIGHTS HOW COMMUNITY POLITICS AFFECT THE NONBUREAUCRATIC FUNCTIONS OF THE COURTHOUSE. EQUALLY EFFECTIVE IS THEIR DISCUSSION OF DIFFERING LEVELS OF WORKGROUP COOPERATION IN THREE MAJOR CITIES. IN BALTIMORE, THE GROUP FREQUENTLY ROTATE MEMBERSHIP WHICH LEADS TO INSTABILITY AND LOW LEVELS OF COOPERATION. BY CONTRAST, COURTROOM WORKGROUPS IN CHICAGO, EXHIBIT HIGH STABILITY ATTRIBUTABLE TO THE YEAR-LONG JOINT EFFORTS OF THE PROSECUTORS AND THE PUBLIC DEFENDERS. DETROIT WORKGROUPS DID NOT FEATURE THE JUDICIAL DOMINANCE WHICH WAS FOUND IN BALTIMORE, BUT DETROIT'S JUDGES DID NOT SHARE AS MUCH INFLUENCE AS DID THE JUDICIAL MEMBERS OF CHICAGO'S CLOSEKNIT WORKGROUPS. STUDIES BY ROSETT AND CRESSEY AND BY THE VERA INSTITUTE INDICATE THAT COURTHOUSES HAVE A DISTINCT SUBCULTURE WITH PERSONNEL SHARING CONCEPTS OF RIGHT AND WRONG. THE HIGH RATE OF DISMISSALS OF CASES IS NOT THE RESULT OF INEFFICIENCY OR POOR JUDGMENT BUT RESULTS FROM THE INSUFFICIENCY OF EVIDENCE OR THE TRIVIAL NATURE OF THE OFFENSES. REFORM MOVEMENTS FOCUSING ON THE EXTENT OF DISCRETION HAVE FAILED TO CONSIDER THE DYNAMICS OF THE COURTS. RATHER THAN CONCENTRATING ON CASE CHARACTERISTICS OF CHARGE, AGE OF SUSPECT, AND RACE, THE SCHOLARS OUGHT TO MEASURE THE PERCEPTUAL TECHNIQUES AND SHORTHANDS WHICH GUIDE JUDGES AND ATTORNEYS IN THEIR WORK. REFORMERS AND THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE STANDARDS SHOULD BE SENSITIVE TO THE CONFLICTS OVER THE COURTS' GOALS. REFERENCES ARE PROVIDED. (TWK)

Index Term(s):	Court personnel; Court reform; Court system; Municipal courts; Operations research; Organization studies



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