The Court System Needs to Be Reformed
2012
The Court System Needs to be Reformed
By Nelson A. Sanford
Nelson Sanford RSS Staff and Command Course 9/24/2012
The Court System Needs To Be Reformed Nelson A. Sanford
The court is an important aspect of the criminal justice system. It has the power, authority and responsibility to adjudicate legal matters between parties and administer justice in both civil and criminal matters in accordance with the rule of law. The court therefore interprets and applies the law, and through its function should provide peace and stability to society. More and more people are turning to the court for resolution of matters and the court is expected to serve the public fairly and justly. The court system within the OECS and the wider Caribbean has had a myriad of challenges and failures which have raised the issue, especially in the last decade, of the need for court reform. The need for reforms within the court system in the region has been marked by many notable pronouncements from judicial luminaries, policy makers and members of the public as well as many policy efforts to improve efficiency. However, the judicial sector in many countries is inefficient and distrusted (Dakolias and Said, 1999) and there seems to be little success in moving from what can be termed a redundant judiciary to an efficient one. Indeed, there is a burgeoning literature suggesting that the key to success in building democratic states and efficient economies comes from enhancing the rule of law, and that enhancement can proceed through a focus on the courts and the reform of the judiciary (World Bank, 2012).
Any attempt at reform of the court system must essentially take on the dilemma of the delay and backlog of cases with an analysis of the causes and consequence of such delays in the court system. Reform measures also need to address court system reorganization, modernization and the strengthening of its administration, to allow for better case flow management; alternative
The Court System Needs to be Reformed
By Nelson A. Sanford
Nelson Sanford RSS Staff and Command Course 9/24/2012
The Court System Needs To Be Reformed Nelson A. Sanford
The court is an important aspect of the criminal justice system. It has the power, authority and responsibility to adjudicate legal matters between parties and administer justice in both civil and criminal matters in accordance with the rule of law. The court therefore interprets and applies the law, and through its function should provide peace and stability to society. More and more people are turning to the court for resolution of matters and the court is expected to serve the public fairly and justly. The court system within the OECS and the wider Caribbean has had a myriad of challenges and failures which have raised the issue, especially in the last decade, of the need for court reform. The need for reforms within the court system in the region has been marked by many notable pronouncements from judicial luminaries, policy makers and members of the public as well as many policy efforts to improve efficiency. However, the judicial sector in many countries is inefficient and distrusted (Dakolias and Said, 1999) and there seems to be little success in moving from what can be termed a redundant judiciary to an efficient one. Indeed, there is a burgeoning literature suggesting that the key to success in building democratic states and efficient economies comes from enhancing the rule of law, and that enhancement can proceed through a focus on the courts and the reform of the judiciary (World Bank, 2012).
Any attempt at reform of the court system must essentially take on the dilemma of the delay and backlog of cases with an analysis of the causes and consequence of such delays in the court system. Reform measures also need to address court system reorganization, modernization and the strengthening of its administration, to allow for better case flow management; alternative
References: American Bar Association (2009) Guide to Court Reform and the Role of Court Personnel: A Guide for USAID Democracy and Governance Workers. [report] Washington: USAID. Bakken, T. (2007) Courts, Prosecution and the Defense. In: Siegel, L. and Senna, J. eds. (2007) Essentials of Criminal Justice. 5th ed. California: Thomson Higher Education, p.220-248. Bruney, D. (2012) Interview on Court Reform. Interviewed by Nelson Sanford [in person] Dominica, 31 August 2012. Byron, D. (2000) The Vision for the Legal Profession and Judiciary in the 21st Century. [address] Mona: Presentation Ceremony for Graduates of the Norman Manley Law School. Dakolias, M. and Said, J. (1999) Judicial Reform: A Process of Change Through Pilot Courts. [report] Washington: World Bank Legal and Judicial Reform Series. Dandurand, Y. et al. (2004) Programming Opportunities in the Justice and Security Sectors in the Caribbean. [report] Vancouver: CIDA. Feeley, M. (1983). Court reform on trial: why simple solutions fail. New York, Basic Books. Hays, S. (1979) The Logic of Court Reform: Is Frederick Taylor Gloating?. Criminal Justice Review, 4 (7), p.7-16. Mays, G. and Taggart, W. (1986) Court Delay: Policy Implications For Court Managers. Criminal Justice Review, 1 (2), p.198-210. Menon, N. (2011) Judicial Delay May Become a Thing of the Past. The Hindu, [online] 26 October. Available at: http://www.thehindu.com/opinion/lead/article2571375.ece?homepage=true [Accessed: 20 Sep 2012]. Merryman, J. et al. (1979) Law and Social Change in Mediterranean Europe and Latin America: A Handbook of Legal and Social Indicators for Comparative Study. California: Stanford Law School. Nij.gov (2012) Specialized Courts | National Institute of Justice. [online] Available at: http://nij.gov/topics/courts/specialized-courts.htm [Accessed: 20 Sep 2012]. Unknown. (2011) Public urged to use out-of-court arbitration. Barbados Today, [online] 21 October. Available at: http://www.barbadostoday.bb/ [Accessed: 20 Sep 2012]. Unknown. (2012) Fed Up. The Sun Newspaper, 30th July, p.24. RSS Staff and Command Course 2012 Page 12 The Court System Needs To Be Reformed Nelson A. Sanford Unknown. (1995) Making the Civil Justice System Work Effectively: Supplemental and Final Report. [report] Ontario: Ontario Civil Justice Review Committee. WorldBank.org (2012) Public Sector Development - Justice Sector in Latin American and the Caribbean. [online] Available at: http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/LACEXT/EXTLACREGT OPPUBSECGOV/0,,contentMDK:20866501~pagePK:34004173~piPK:34003707~theSiteP K:832592,00.html [Accessed: 23 Sep 2012]. RSS Staff and Command Course 2012 Page 13