Using real world cases, this book reveals the tendency of magistrates’ courts to prioritise efficiency over substantive justice. Yates offers insights into the ways criminal courts can increase their speediness and cost-effectiveness, whilst upholding social justice and procedural due process.

The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied.

This report presents proposals for the restructuring and streamlining of the processing of criminal cases at state and local levels. A major restructuring and streamlining of procedures and practices in processing criminal cases at state and local levels is proposed by the National Advisory Commission on Criminal Justice Standards and Goals. The proposals of the Commission appear in the form of specific standards and recommendations -- almost 100 in all -- that spell out in detail where, why, how, and what improvements can and should be made in the judicial segment of the criminal justice system. The report on courts is a reference work for the practitioner -- judge, court administrator, prosecutor, or defender -- as well as the interested layman. The Commission argues that the problems which keep the criminal court system from performing its functions are inconsistency in the processing of criminal defendants, uncertainty concerning results obtained, unacceptable delays, and alienation of the community. In composing suggested improvements for the court system, the Commission's first priority is to devise standards for attaining speed and efficiency in the pretrial and trial processes and prompt finality in appellate proceedings. The second priority is the upgrading of defense and prosecution functions and the third priority is the assurance of a high quality in the judiciary. To expedite pretrial procedures the prosecutor should screen all criminal cases coming before him and divert from the system all cases wherein further processing by the prosecutor is not appropriate. Among Commission recommendations are: elimination of all but the investigative function of the grand jury; elimination of formal arraignment; unification of all courts within each state; and the upgrading of criminal court personnel.

Sweeping changes are being introduced into the lower-tier magistrates’ courts in England and Wales in efforts to modernise the system and speed up case processing. They concentrate on delivering prompt justice within a modern, efficient and technologically advanced system. But these transformations are fundamentally changing the way justice is delivered. This book analyses criminal court streamlining processes and argues that there are areas where due process protections are being undermined. Transforming Summary Justice reports empirical research carried out with lay magistrates and criminal justice professionals. Views and experiences drawn from magistrates are valuable because of the central role they perform in lower court justice. Further, magistrates provide a wider understanding of the context in which the lower criminal courts operate and enable a critical appraisal of this unique style of ‘lay justice’. This book is directed at students of criminology, criminal justice and socio-legal studies, who will find the debates stimulating and useful to engage with in contemporary analyses of criminal court justice. It will also be of interest to justice and legal professionals who are seeing swingeing alterations to the field in which they work. The book will have appeal in other common-law jurisdictions, where similar modifications to lower court justice are occurring, and also across Europe, where lay involvement in legal decision-making is being debated and becoming accepted practice.

This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.

A Discussion paper from the BJS-Princeton Project.