ALTERNATIVES TO PROSECUTION

• NCJ Number: 49853
• Author(s): A E COWLES
• Date Published: 1974
• Length: 12 pages
• Corporate Author: National Ctr for Dispute Settlement of the American Arbitration Assoc
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: AN ADDRESS DELIVERED TO THE SOUTHERN CALIFORNIA CHAPTER OF THE INDUSTRIAL RELATIONS RESEARCH ASSOCIATION

Annotation

THE ARBITRARY REFERRAL OF CIVIL DISPUTE CASES TO THE CRIMINAL LAW PROCESS FOR DISPOSITION HAS RESULTED IN UNWARRANTED PROSECUTION. ARBITRATION IS EXPLORED AS AN ALTERNATIVE.

Abstract

COMPLAINING PARTIES OFTEN USE PROSECUTION AS A MEANS OF RETALIATION IN NEIGHBORHOOD DISPUTES FOR WHICH BOTH PARTIES MAY ACTUALLY SHARE SOME DEGREE OF BLAME. CRIMINAL COURT PROCEEDINGS CAN ONLY ASSESS THE GUILT OR INNOCENCE OF ONE PARTY. TO HANDLE DISPUTES THAT COMMONLY ARISE IN THE CONTEXT OF URBAN LIVING AND TO RELIEVE COURT CONGESTION, THE 4-A PROGRAM (ARBITRATION AS AN ALTERNATIVE TO THE CRIMINAL PROCESS) HAS BEEN DESIGNED BY THE NATIONAL CENTER FOR DISPUTE SETTLEMENT. PROGRAM PROCEDURES ALLOW FOR A MORE COMPREHENSIVE EXAMINATION OF CONFLICTS AND FOR BETTER DISPOSITION OF CASES DEALING WITH HUMAN CONFLICTS. CONFLICTS ARE RESOLVED WITH THE MAXIMUM PARTICIPATION OF INVOLVED PARTIES AND WITH THE ARBITRATOR FUNCTIONING ONLY AS MEDIATOR. WHEN PARTIES ARE UNABLE TO COME TO AN AGREEMENT, THE ARBITRATOR MUST RENDER A DECISION BASED ON THE FACTS PRESENTED. FOLLOWING AN ASSESSMENT OF DAMAGES TO THE PARTIES, THE TERMS FOR SETTLEMENT ARE DRAWN. INCORPORATED IN THE SETTLEMENT ARE CONDITIONS FOR HANDLING FAILURES TO ABIDE BY THE AGREEMENT.