Justice Efficiencies and
Access to the Justice System
1. Cooperation & expectations: Effective case management requires
cooperation and clear expectations.
The sectors or “players” in the justice system are autonomous
within their sphere. This distributes power and identifies where responsibility
for each decision resides. No element is “in control” of the
justice system. But each depends on the others. The combination of autonomy
and interdependence means they must cooperate appropriately to be effective.
It follows that decisions affecting process should be made with consideration
for the impact they have on the rest of the system. The needs of each
element of the formal system as well as the accused, witnesses and victims
must be considered in developing effective case management practices.
A successful case management system meets broadly accepted expectations
and respects the interests of participants. Cooperation is informed by
stated, mutual expectations that enable accurate prediction of events
and requirements, including resource requirements and performance standards.
The public expects accountability and good stewardship of the criminal
justice system.
The Court expects the participants to prepare and conduct each case properly
in accordance with the relevant laws, rules and practice directions. This
includes early consideration of issues so that hearings focus on what
can only be resolved in court and counsel arrive prepared to optimize
each appearance.
There is or ought to be an expectation that all counsel actively cooperate
with each other and the court in the effective management and conduct
of cases.
Other people affect the operation of the courts. Witnesses and victims
who understand the system and their part in it will contribute more effectively
to the process. The timely provision of information and resources to them
pays dividends. This is particularly true for the accused during the initial
stages of a case.
The proper disposition of a case requires management of a long supply
line consisting of many people and much information. People seen as minor
or peripheral participants such as prisoner escorts and policymakers can
have a significant impact on court operation. Failure to bring a prisoner
to court for a scheduled appearance defeats the best-case management system.
Failure to advise authorities that a prisoner is no longer needed for
court results in unnecessary prisoner movement. Significant changes in
enforcement policy affect demands on the criminal justice system.
Fundamental to cooperation is development of realistic expectations and
obligations that respond to the needs of all criminal justice constituencies.
One such expectation is that justice ministers within government will
take a leadership role in acting as a broker amongst the criminal justice
constituencies and in advocating for the support and resources that the
system may demonstrably require.
Implementation Examples
- Pamphlets and web pages that explain court procedures and how to obtain
legal counsel in lay terms should be encouraged not only as a means
of promoting justice in individual cases but also to improve the effectiveness
of each appearance and of the system as a whole
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