The Courts in a Fragmented Criminal Justice System
Published date | 01 May 2018 |
Date | 01 May 2018 |
DOI | http://doi.org/10.1111/1745-9133.12373 |
RESEARCH ARTICLE
PRESIDENT’S CRIME COMMISSION:
PAST AND FUTURE
The Courts in a Fragmented Criminal
Justice System
Ted G est
Criminal Justice Journalists
Abstract
The U.S. President’s Commission on Law Enforcement and Administration of Justice
under President Johnson in 1967 outlined a central role for courts in the criminal
justice system. That role, however, has been somewhat diminished by the dominance
of plea bargaining and the legislative enactment of mandatory minimum sentences
that limit judges’ discretion. At the same time, judges have become more involved in
specialized courts dealing in cases involving drugs and mental illness. A major topic of
concern is the lower courts, which in many areas have changed little since the 1960s
Commission. In those places, the traditional adversary process is not operating well,
with many defendants pleading guilty unnecessarily in a system that may be designed
primarily to collect fees. In violent crime cases, the imposition of capital punishment
remains a controversial issue for states that is not likely to be resolved by a new national
commission. The central court functions of sentencing and overseeing plea bargains are
discussed elsewhere in this volume.
Keywords
capital punishment, lower courts, misdemeanors, caseloads
“The criminal court is the central, crucial institution in the criminal justice
system,” the U.S. President’s Commission on Law Enforcement and Admin-
istration of Justice (commonly known as the President’s Crime Commission
The author would like to thank Professor Malcolm Feeley for his helpful comments on this article. Direct
correspondence to Ted Gest, Criminal Justice Journalists, 6221 Western Ave., NW, Washington, DC 20015
(e-mail: ted@thecrimereport.org).
DOI:10.1111/1745-9133.12373 C2018 American Society of Criminology 309
Criminology & Public Policy rVolume 17 rIssue 2
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