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8 PAGES The objective of this assignment is to enable you to demonstrate your ability to develop a court management policy proposal that addresses the key factors that should be considered to ensure...

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8 PAGES The objective of this assignment is to enable you to demonstrate your 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. You will 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. You will 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.

· Court 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 trials.

· Certain alternative dispute resolution programs have been operating successfully in many circumstances and jurisdictions.

You will 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 system.

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, you are to 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:

oProgram development

oTraining and credentialing of mediators

o“Selling” it to potentially supportive community resources that could become partners with the state in this effort

oCase flow and records management

oSecurity issues related to cases being mediated outside of court facilities

MUST HAVE 6 REFERENCES MUST BE IN APA FORMAT

Answered Same Day Dec 29, 2021

Solution

David answered on Dec 29 2021
110 Votes
Introduction
The court is a primary aspect of the entire criminal justice system of Indiana. It has the
entire power, authority as well as the responsibility towards adjudicating legal matters within
parties as well as administers justice in all the civil and the criminal matters in standardization
with the framework of rule of law. The courts therefore interpret as well as apply the legal law,
and through all its functions strive towards providing peace, justice and stability to the society.
The assignment proposes the development of Court Management Policies in Indiana. It
can be highlighted that more and more people had been turning towards the court for their
esolution of various matters and the court of Indiana is expected towards serving the state’s
public fairly as well as justly. The court system within the Indiana has had the myriad of issues,
challenges as well as failures that have raised many issues, especially within the last decade,
equiring the need for reforming the court management. The need for reforms in the court
systems in Indiana has been highly marked by most notable pronouncements from the judicial
luminaries, including policy makers as well as the members of the public along with many policy
efforts towards improving effectiveness and efficiency.
Court Management Policy Proposal
Concerned citizens have come to realize that the administration of justice suffers almost
as much from court delay, archaic procedures and mismanagement as it does from inequitable
applications of substantive law (Hays, 1979). In a criminal justice review paper by Mays and
Taggart in 1986, they noted that delay was a basic fact of life in courts. Today, delay remains the
most elusive issue of court reform. Whatever the foundation of delay, a number of costs are
assumed to accrue.
The most
oad-ranging consequence of the failure of courts to resolve cases in a timely
manner is that simply, justice is not served when cases are delayed. The most frequently
mentioned disservices to justice caused by delay are that: it has tended to diminish the citizen’s
willingness and ability to access justice; society is not protected when defendants on bail are free
to commit other crimes; dete
ence is minimized when punishment is not swift; when a
defendant cannot make bail there is increased pressure to plea bargain (Mays and Taggart 1986).
Many of the region’s court facilities are in advanced stages of disrepair and are poorly
equipped. The hours of operation are limited and there are massive backlogs of cases generally
and in Magistrate Courts in particular. The resulting delays, the prolonged incarceration of
accused persons who have not appeared in court, the failure of prosecution, the destruction of
evidence, and other resulting inefficiencies are affecting the integrity of the justice process and
the credibility of the judicial system. They also result in significant costs to the system and to
litigants and they limit citizens’ access to the system (Dandurand et al, 2004).
Generally speaking, building the overall capacity of the court system has not been a high
priority in the region. There still exists a need to provide appropriate training for judges,
magistrates, prosecutors, particularly with respect to the use of increasingly complex scientific
and technical evidence in criminal cases. The administrative and management infrastructure and
the technology to support court processes are very limited. Reform in that area must take a look
at the following: systems for court scheduling, evidence management, case reporting,
information storage and retrieval, and other crucial court management processes (Dandurand et
al., 2004).
Courts are expected to have buildings and equipment for them to be able to operate with
efficiency. Computers are becoming an important aid in the administration and management of
courts. In fact, the revision of the Rules of Civil Procedure is only a part of a wider reform of the
justice system generally, which is being undertaken at this juncture of the Indiana’s legal...
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