1. THE COST OF REMANDS.
- Author
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Hessick, F. Andrew
- Subjects
- *
REMAND (Venue) , *JUDICIAL error , *UNITED States appellate courts , *CORRECTIONS (Criminal justice administration) , *COST effectiveness - Abstract
One of the most common reasons for a judicial remand is to allow a lower court to correct an error in its judgment. The traditional theory behind the remand is that a remand is cost effective: the lower court is better situated than the appellate court to reconsider the erroneous conclusion. But remands to correct errors are not always cost effective. Remands impose costs, and sometimes those costs exceed the benefits of the remand. Nevertheless, courts often remand in those situations. This commentary examines these costs, illustrates situations where the costs of remand for error correction exceed the benefits, and considers and discusses how one function of judicial opinions is to reduce the costs of remands. [ABSTRACT FROM AUTHOR]
- Published
- 2012