NCJ Number
45222
Date Published
1977
Length
7 pages
Annotation
VARIOUS RESEARCH EFFORTS CONDUCTED IN THE AREA OF ALTERNATIVES TO CRIMINAL TRIALS AND THE APPROACHES THEY HAVE CONSIDERED ARE DESCRIBED.
Abstract
A 1973 AMERICAN UNIVERSITY STUDY WAS DESIGNED TO EXAMINE THE CURRENT RANGE OF ADJUDICATION ALTERNATIVES; DETERMINE THE IMPACT OF THESE ALTERNATIVES ON THE ACTIVITIES OF CRIMINAL JUSTICE AGENCIES; AND PRESENT AN OVERVIEW OF ORGANIZATIONAL, LEGAL, AND EVALUATIVE ISSUES AND CONCERNS RELATIVE TO THE ADOPTION AND IMPLEMENTATION OF AN ALTERNATIVE. THE STUDY PRODUCED A MATRIX SHOWING ALL POSSIBLE STAGES IN THE CRIMINAL ADJUDICATION PROCESS AT WHICH AN ALTERNATIVE PROCEDURE MIGHT BE INTRODUCED. ANOTHER STUDY ASSESSED EUROPEAN ALTERNATIVES TO CRIMINAL AND CIVIL TRIALS AND THE APPLICABILTY OF THESE APPROACHES TO THE U.S. THE FOUR APPROACHES CONSIDERED WERE: (1) COMMUNITY MEDIATION; (2) PROSECUTORIAL PRACTICES WHICH GIVE EXPANDED POWER TO PROSECUTORS TO SANCTION OFFENDERS WITHOUT JUDICIAL APPROVAL; (3) RENTALSMAN (USE OF A MEDIATOR/ARBITRATOR SPECIALIZING IN LANDLORD-TENANT CONTROVERSIES); AND (4) COMPULSORY MEDIATION. SEVERAL EXPERIMENTAL APPROACHES AT THE LOCAL LEVEL HAVE BEEN TRIED. THESE HAVE INCLUDED A CONCEPT OF APPLYING ARBITRATION AND MEDIATION TECHNIQUES TO SETTLE PRIVATE CRIMINAL COMPLAINTS FOR CASES SUCH AS DISPUTES BETWEEN NEIGHBORS; USE OF LAW STUDENTS AS MEDIATORS; AND A PROGRAM WHICH ENABLES JUVENILES WHO COMMIT MISDEMEANORS TO RESPOND TO A POLICE-ISSUED CITATION AND VOLUNTARILY BECOME INVOLVED IN COMMUNITY WORK OR TREATMENT PROGRAMS. A BIBLIOGRAPHY IS PROVIDED.