Thursday, August 12, 2010

Rating the courts

Amy Bach writes in the NY Times
A “justice index” would allow communities to better assess which local courts are working and which ones need reform. ...

This lack of data has a corrosive effect: without public awareness of a court system’s strengths and weaknesses, inefficiencies and civil liberties violations are never remedied.

That’s why America needs a “justice index” to show how the essential aspects of our local courts are working. The index, compiled according to national standards, would function roughly like college rankings, ...

The information would be analyzed by a nonprofit organization, then posted to a Web site in a ranked order and in terms clear enough for the public to understand.
If applied to family courts, many communities might decide that their courts need reform.

The family court does a lot of things that it really does not have to do, such as order psychological evaluations, intervene in child custody issues and issue restraining orders. If these things are really beneficial, then there ought to be some way to measure the benefits.

My guess is that there is no measurable benefit to these court actions, and that the court actions make everyone worse off, on average.

4 comments:

RustyShackleford said...

While it appears that the "justice index" proposal largely focuses on criminal courts, there's no reason that family courts couldn't be similarly audited.

Anonymous said...

agreed, who'd do it? Where would the results get published? I'll bet there's objective and measurable criteria that could be agreed upon, like "evidence-based medicine". It's not a bad idea and could start shedding more light on this issue. It's an underground multi-billion dollar industry that hurts the family even more after all the split.

George said...

If there is really no objective evidence that the family court is doing any good, then I say that we should shut it down.

Anonymous said...

fine to say that, but unfortunately that ain't gonna happen, way too much money being made and too many nasty little vested interests want to keep things just the way they are. But if objective criteria that even (most) lawyers and shrinks would agree with are published somewhere/somehow, then perhaps a sea change could begin. The web is a great place to do just that.