Criminal Justice Since 1989,
ISDLS has worked to assist countries to introduce modernizations
that streamline legal processes and reduce backlog and delay in
civil, and more recently, criminal courts.
Court systems worldwide struggle with the pervasive problem of
backlog. As growing numbers of cases are brought before criminal
courts, the resources available to be used in resolving these
cases must increase accordingly. When – as is frequently
the case – resources are unable to keep pace with expanding
criminal dockets, governments must find creative ways to more
expeditiously and less expensively resolve cases – or suffer
from backlog. Backlog undermines the citizenry’s confidence
and government and rule of law, and can prompt parties to seek
extrajudicial resolutions to disputes. Furthermore, in the extreme,
backlog can result in individuals being held without trial, in
violation of their civil and human rights.
Leading legal reformists in the United States have had remarkable
success in reducing backlog through the introduction of alternatives
to criminal trial into the criminal justice system. (As trials
are expensive, slow and adversarial processes, resolving cases
out of trial can be a more efficient and satisfactory course of
action for all parties). Several alternatives are used in federal
and state courts, including plea-bargaining mechanisms, written
guilty pleas, and diversion, probation and rehabilitation programs.
ISDLS works at the request of reform-minded governments to introduce
alternatives to criminal trial into their legal systems. ISDLS
hosts delegations of legal opinion leaders (judges, attorneys,
legislators, academicians, and Law Ministry officials) in California
and Washington, D.C. to conduct studies of the critical processes.
By observing alternatives to criminal trial in practice, meeting
with the original architects of the reforms, and drawing upon
the expertise of ISDLS’ leading international reform experts,
delegates are able to critically assess the trial alternatives
and design reforms appropriate to individual cultural and legal
contexts. Following in-depth legal studies in the United States,
delegates and ISDLS’ legal experts present the adapted and
original reforms to larger legal communities in the partner countries.
Through series’ of consultation visits ISDLS’ experts
assist in the development of legislation and/or pilot programs
which introduce alternatives to criminal trial into foreign legal
systems.
ISDLS currently is working with the Governments of Egypt, Jordan,
Brazil and Turkey to conduct criminal justice reform initiatives.
For more information regarding alternatives to criminal trial
used in the United States, please click the links below:
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