NCJ Number
58265
Journal
Wisconsin Law Review Volume: 1978 Issue: 3 Dated: (1978) Pages: 737-795
Date Published
1978
Length
59 pages
Annotation
A PRELIMINARY EVALUATION IS MADE OF THE OPERATION OF BOSTON'S URBAN COURT PROGRAM AND COMMUNITY MEDIATION COMPONENT.
Abstract
THE URBAN COURT PROGRAM USES COMMUNITY MEDIATION AS AN ALTERNATIVE PROCESS FOR THE SETTLEMENT OF MINOR CRIMINAL CASES ARISING WITHIN THE JURISDICTION OF THE MUNICIPAL COURT FOR THE DORCHESTER DISTRICT OF BOSTON, MASS. INSTITUTIONALIZING MEDIATION RESTORES THE TRADITIONAL INFORMAL MEANS OF RESOLVING CITIZENS' GRIEVANCES THAT WAS LOST WHEN THE COURTS FILLED THE ROLE ONCE HELD BY JUSTICES OF THE PEACE AND PRECINCT CAPTAINS. ALTHOUGH CRITICS HAVE STATED THAT THE USE OF NEIGHBORHOOD JUSTICE SYSTEMS DEPRIVES THE POOR OF ACCESS TO THE COURTS AND PROFESSIONAL SERVICES, COMMUNITY MEDIATION DOES NOT REPLACE THE COURTS, BUT RATHER PROVIDES NEEDED MECHANISM FOR SOLVING SOCIAL PROBLEMS TO FORMERLY NEGLECTED URBAN POPULATIONS. THE DORCHESTER PROJECT SHOWS THAT MEDIATION IS AN EFFECTIVE WAY OF DISPOSING OF INTERPERSONAL CONFLICTS INVOLVING CRIMINAL CONDUCT. THERE ARE IMPLICATIONS THAT THE SYSTEM MAY ALSO BE EFFECTIVE IN RESOLVING CIVIL DISPUTES AND IN ENCOURAGING COMMUNITY PARTICIPATION. THE HIGH EXPENSE OF THE DORCHESTER SYSTEM MAY PREVENT ITS EXPANSION, UNLESS THE MEDIATION PROCESS CAN BE INTEGRATED INTO EXISTING CRIMINAL JUSTICE INSTITUTIONS. SPECIFIC ASPECTS OF THE EVALUATION OF THE PROJECT INCLUDE THE PREVIOUS USE OF MEDIATION UNDER THE AUSPICES OF THE COURT, THE REFERRAL PROCESS USING THE COURT CLERK AND THE DISTRICT ATTORNEY, AND PARTIES' PARTICIPATION IN MEDIATION. FOOTNOTES AND TABULAR DATA ARE PROVIDED.