The Crisis in America's Criminal Courts

Improving Criminal Justice Outcomes by Transforming Decision-Making

William R. Kelly

• Publisher: Rowman & Littlefield
• Year: 2021
• Edition: 1
• eBook ISBN:
  9781538142172
• Topic: Law
• Subtopic: Courts
• Index: Law

The Crisis in America's Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and author, William R. Kelly, agrees, that crushing caseloads and court dockets certainly qualify as a crisis, Kelly suggests there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, Kelly proposes a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advice regarding mitigating the circumstances that bring individuals into the courts.
We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change.
We need to change the culture of the courthouse and reorient how we think about crime and punishment.

Table of contents

• Acknowledgments
• Introduction
• 1 The US Criminal Court System
• 2 Decision-Making in the Criminal Courts
• 3 The Front End of the Pretrial System: Arrest, Detention, and Bail
• 4 Promising Prosecutors: Reform in the DA’s Office
• 5 Indigent Defense
• 6 Rethinking the Adversarial Approach
• 7 Putting the Pieces Together: Fundamental Pretrial and Court Reform
• References
• About the Author