Night courts

SIGNIFICANCE: Court proceedings conducted at times other than those considered normal working hours are becoming an increasingly common part of the modern criminal justice system.

Almost entirely criminal courts, night courts have become a necessity as a result of several federal court rulings. Due process requirements, mandated by state and federal courts, and state statutes require that individuals arrested or detained by the police must be brought before a magistrate and given formal notice of charges against them within twenty-four to forty-eight hours in an effort to minimize the time a presumably innocent individual spends in jail.

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Jurisdictions unable to handle caseloads during regular working hours have been forced to operate courts twenty-four hours a day, seven days a week as a result. During the late 1990s, the Criminal Court of New York City, for example, the largest and busiest court in the United States, handled approximately 40 percent of its arraignments during the night and early morning hours. In 2003, New York City stopped hearing cases between the hours of 1 a.m. and 9 a.m. By the 2020s, a typical court in New York handled about seventy to ninety cases between 5 p.m. and 1 .m. Many other court systems, especially those in densely populated areas, have been forced to establish similar courts or risk being forced to release criminals who might be denied their right to due process of the law.

Bibliography

Meyer, J. F., and D. R. Grant. The Courts in Our Criminal Justice System. Upper Saddle River, N.J.: Prentice-Hall, 2003.

Neubauer, D. W., and Henry F. Fradella. America’s Courts and the Criminal Justice System. 13th ed. Cengage, 2018.

"The Night Shift in NYC Courts." New York City Criminal Justice Agency, 24 Apr. 2024, www.nycja.org/justice-in-practice/cja-night-court. Accessed 8 July 2024.

O'Neill, Cara. Everybody’s Guide to Small Claims Court, 20th ed. Nolo Press, 2024.