American Justice Network

1. American Justice Network Legalized Discretionary Fragmented Non-system Quasi-justice

2. System A system is a set of parts coordinated to accomplish a set of uniformly accepted goals. The characteristics of a system include: 1. Overall goals and objectives 2. Shared definitions of success 3. Uniform performance measures 4. Overall management yielding a high level of coordination and cooperation.

3. The American Justice Non-System/The American Justice Network The American justice system is a hodgepodge of uncoordinated institutions run independently by almost every governmental unit. The system/the network is characterized by: 1. Competing objectives. 2. Multiplicity of goals (no overall goals). 3. Multiple measures of performance. 4. Multiple definitions of success. 5. No overall management. 6. Limited coordination. 7. Limited cooperation (turf battles). 8. Goal conflict.

4. American Justice Network Goal Conflict • Due Process vs. Crime Control • Deterrence vs. Rehabilitation • Incapacitation vs. Reintegration

5. Fragmented

6. Fragmented

7. Fragmented

8. Fragmented

9. Fragmented

10. Private Security • The 17th square on the grid • $60 billion in annual expenditures • 4,000 agencies • 2 million employed (more than public law enforcement)

11. Discretionary • Legislature • Police • Prosecutor • Judges • Parole Boards

12. Police Discretion • Warn/reprimand • Make them become an informant (stable) • Cite • Arrest and street release • Arrest and detain/book, then release • Arrest and detain/book • What charge

13. Prosecutorial Discrection • Release or charge • What charges • When to charge • Plea bargain: • Horizontal – reduce the number of charges • Vertical – reduce the severity of the charges • Lateral – case trade offs

14. Judicial Discretion • Court process 1. Admitting evidence 2. Admitting testimony 3. Procedural control of the case • Sentencing (Indeterminate vs. determinate)

15. Legalistic • Roughly1.2 million active lawyers in the U.S. • 140,000 in U.S. law schools • 35,000 graduate with law degrees annually • U.S. has around 40 lawyers/10,000 (3rd highest rate in the world) • U.S. has about 10 percent of the world’s lawyers • New York has roughly 173,000 active lawyers

16. Cost of an overly litigious orientation • Large number of trivial/frivolous suits filed. • A social orientation toward litigation (confrontation vs. reconciliation). The result is: • Backlog and delay in the judicial process. • Significant economic costs.

17. English Rule The loser in a law suit must pay the winner’s legal fees. The result is fewer frivolous suits being filed, freeing up court time and resources for more meaningful matters.

18. American Justice Network Legalized Discretionary Fragmented Non-system Quasi-justice

19. Justice in the American Justice Network * We have our problems in the U.S., but it is a tribute to the vast numbers of intrinsically motivated individuals working in the U.S. justice network, who are striving and sacrifice daily to make the world a better place, and they are and have been slowly and steadily succeeding. * As bad as things in America are today, any volunteers to be of the Jewish faith in 1935 Germany, an ethnic Black in 1950 South Africa, a Chinese citizen during the reign of Mao, a Russian citizen during the rule of Stalin?

20. Justice in the American Justice Network If you want the justice coefficient to continue to rise in this country, in your state, your neighborhood, then you must ascribe in word and deed to the Nebraska state motto – the liberty of people is preserved only due to our watchfulness. Justice is not a naturally occurring phenomenon. If you want justice where you live, you have to do something about it. You cannot stand idly by.