NCJ Number
68831
Date Published
Unknown
Length
13 pages
Annotation
EXTENSIVE DEVELOPMENTS IN MINOR DISPUTE PROCESSING HAVE OCCURRED AT THE LOCAL AND STATE LEVELS, WITH PUBLIC OPINION OF THOSE ALTERNATIVES TO THE CRIMINAL JUSTICE SYSTEM RIDING HIGH.
Abstract
PROJECTS FOR THE MEDIATION OR ARBITRATION OF MINOR CIVIL AND CRIMINAL DISPUTES HAVE BEEN ESTABLISHED IN APPROXIMATELY 28 STATES IN THE LATE 1970'S. EARLIEST NEIGHBORHOOD JUSTICE CENTERS APPEAR TO HAVE BEEN DEVELOPED BY PROSECUTORS IN RESPONSE TO CLEAR NEEDS FOR IMPROVED PROCESSING OF MINOR CRIMINAL MATTERS. LEAA FUNDING HELPED TO REPLICATE THE EARLIEST PROJECTS. PROJECTS VARY WIDELY IN THEIR APPROACHES TO NONJUDICIAL DISPUTE SETTLEMENT IN (1) THE TYPES OF DISPUTES PROCESSED, (2) PROJECT SPONSORSHIP, (3) CASE REFERRAL SOURCES, (4) DISPUTE SETTLEMENT TECHNIQUES USED (CONCILIATION, MEDIATION, ARBITRATION), AND (5) HEARING OFFICER CHARACTERISTICS. FOR INSTANCE, PROJECTS MAY CONCENTRATE ONLY ON SMALL CLAIMS, CRIMINAL, DOMESTIC, CONSUMER, OR HOUSING MATTERS. PROGRAMS CAN BE SPONSORED BY THE PUBLIC THROUGH SPONSORSHIP TIED TO THE JUSTICE SYSTEM OR THROUGH PRIVATE SPONSORSHIP WITH A COMMUNITY ORIENTATION. CASE REFERRAL SOURCES VARY FROM THE BENCH IN BOSTON TO THE PROSECUTOR IN JACKSONVILLE OR THE POLICE IN ORLANDO. HEARING STAFF BACKGROUNDS RANGE FROM LAW STUDY TO CLINICAL PSYCHOLOGY AND SOCIAL WORK. SOME TELEPHONE CONCILIATION PROJECTS EMPLOY UNDERGRADUATES ON INTERNSHIPS. EVALUATION OF THE PROJECTS SHOW THAT PROJECTS PROCESS CASES RAPIDLY, IMPROVE ACCESSIBILITY TO JUSTICE, PROVIDE OPPORTUNITIES TO EXPLORE UNDERLYING CAUSES OF DISPUTES, AND APPEAR TO BE POSITIVELY VIEWED BY DISPUTANTS. A NUMBER OF STATE LEVEL INITIATIVES THAT HAVE BEGUN INCLUDE PROPOSED LEGISLATION, STATEWIDE TECHNICAL ASSISTANCE, AND EVALUATION, AND STATE STUDIES OF DISPUTE PROCESSING NEEDS. SEVERAL RESEARCH DIRECTIONS THAT MIGHT BE TAKEN REGARD THE QUALITY OF JUSTICE OFFERED BY THESE PROJECTS, THE INSTITUTIONALIZATION OF SUCCESSFUL PROJECTS, AND THE POTENTIAL PITFALLS IN SUCH PROJECTS.