The objective is to demonstrate the ability to develop a court management
policy proposal that addresses the key factors that should be considered to ensure that legal requirements and best practices in management
are observed. Craft a policy proposal designed to address problems of case backlog and excessive delay in calendaring of hearings that have resulted from the growing workload in state courts
. Select the U.S. state court
system of your choosing as opposed to a hypothetical or generic state court
in an effort to make this deliverable more realistic and to enable the use of information for your research that may be available through actual court
administration offices (e.g., via their Web sites or publicly available research reports).
The environment in which this policy proposal is being generated is one characterized by several realities:
State budgets for managing
necessary services are shrinking.
The political environment is somewhat unstable because of lack of consensus on how to address various types of social problems, including crime.
Property-related crime is on the rise, including collateral offenses against persons.
systems are so overwhelmed that there is growing public perception that public access to timely dispute resolution has become severely constrained.
Correctional facilities are over-crowded, and problems of recidivism have accelerated.
Plea bargaining and out-of court
settlement of cases has increased in part as a way to side-step lengthy and expensive court
Certain alternative dispute resolution programs have been operating successfully in many circumstances and jurisdictions.
Produce a policy proposal from the perspective that you are a senior policy analyst employed by a state’s Administrative Office of the Courts
. In this role as a senior policy analyst, you have been assigned to draft a proposal for the court
administrator recommending viable options based on the legislature’s interests and objectives. The background information that you have been given by your employer is that the Judicial Committee of the State Legislature is very interested in a policy proposal that weighs options for new programs and/or approaches to dispute resolution designed to satisfy the legislature’s stated objectives to do the following:
Reduce case backlog
Shorten the average time for court
hearings to be calendared and for decisions to be rendered
Avoid the expense of expanding the number of court
houses, judges, and associated court
staff and/or detention facilities and associated staff
Minimize the need for funding of new programs
Consider the viability of “community burden-sharing” through partnerships with private (where private includes both profit and nonprofit) organizations and resources
In addition, the judicial committee has specified that it would like to look at a policy proposal that focuses on dispute resolution options related to juvenile offenders that address the legislature’s objectives as a “pilot test” of new approaches to managing court
-related services in the existing environment. Thus, the court
administrator has asked that the policy proposal be narrowly focused on the juvenile justice division of the state court
The policy proposal should exclude considerations of whether any proposed new programs or expansions of existing programs meet existing statutory requirements. For purposes of this project, assume that once the proposal is presented to the Judicial Committee of the State Legislature, that committee will charge the Office of Legislative General Counsel to determine what, if any, statutory changes would be necessary.
Questions the proposal would need to address include the following:
Would it cost the state less to implement a victim offender mediation (VOM) program for juvenile offenders than it would to expand the courts
and corrections staff and facility infrastructure?
Would it take the state less time to implement a program such as this than it would to expand the courts
and corrections staff and facility infrastructure?
To what extent could a VOM program reduce court
case backlog and thereby shorten the average time between arrest and case disposition?
What is the “track record” of one or more comparable VOM program(s)?
What are the social benefits and social costs of a VOM program for juvenile offenders both to the offenders themselves and to the larger community?
Are there particular types of cases that are appropriate, as opposed to others that the legislature might want to exclude?
What are the major challenges that will be faced by the Administrative Office of the Courts
in implementing this proposed policy in terms of the following:
Training and credentialing of mediators
“Selling” it to potentially supportive community resources that could become partners with the state in this effort
Case flow and records management
Security issues related to cases being mediated outside of court
[ Order Custom Essay ]
[ View Full Essay ]
Bazemore, G., & Umbreit, M. (1995). Rethinking the sanctioning function in juvenile court: Retributive or restorative responses to youth crime. Crime and Delinquency, 41, 296-316.
Carroll, A. (1995). Characterising the goals of juvenile delinquents: Nature, content and purpose. Psychology, Crime & Law, 1, 247-260.
Chang, J., Chen, J., & Brownson, R. (2003). The role of repeat victimization in adolescent delinquent behaviors and recidivism. Journal of Adolescent Health, 32, 272-280.
Gehm, J.R. (1998). Victim-Offender Mediation Programs: An Exploration of Practice and Theoretical Frameworks. Western Criminology Review, 1 (1).
Lauritsen, J., Laub, J., & Sampson, R. (1992). Conventional and delinquent activities: Implications for the prevention of violent victimization among adolescents. Violence and Victimization, 7, 91-108.
McCorry, T. (2010). Alternatives to the Traditional Criminal Justice System: An
Assessment of Victim-offender Mediation and Neighborhood Accountability Boards in the United States. The New York Sociologist, 4, 75-86.
Sheinin, A. (2009). http://blogs.ajc.com/gold-dome-live/2009/05/29/judges-more-budget-cuts-will-close-courts / http://blogs.ajc.com/gold-dome-live
Judges: More budget cuts will close courts. Atlanta Journal Constitution Online. Retrieved 17th October 2013 from .
Umbreit, M., & Greenwood, J. (1999). National survey of victim-offender mediation programs in the United States. Mediation Quarterly, 16, 235-251