NCJ Number
76143
Journal
Contemporary Crisis Volume: 5 Issue: 1 Dated: (January 1981) Pages: 15-30
Date Published
1981
Length
16 pages
Annotation
Definitions of justice are considered and related to the functioning of the judicial system in the United States, a proposal for a community-based justice system is presented, and functioning community-based justice projects are described.
Abstract
The concept of justice may be based on one of three precepts. The treatment of law violators according to the principle of rights is concerned with following due process procedure. Classical criminology concepts are based on the concept of justice in terms of just deserts. Positivistic criminology defines justice in terms of individual needs, the most satisfactory of the three definitions. Tenets of radical criminology suggest that the determination of individual needs should be left to the people, and that community members should assume a major role in justice dispensation. A system for community involvement in justice dispensation is recommended in which community-elected tribunals would perform law enforcement functions (but not police functions such as patroling and surveillance), and mediators appointed by the tribunals would settle disputes informally wherever possible and would perform the service functions (traffic control and emergency ambulance transportation) now performed by police. The tribunal would supervise service workers and any formal law enforcers, and would serve as a sentencing board. Both the Boston Urban Court Program and the New York Institute for Mediation and Conflict Resolution Dispute Center, both currently in operation, reflect aspects of this approach to community-based justice. Notes are included.