CITIZEN DISPUTE RESOLUTION - AN ANSWER TO THE LIBERAL'S DILEMMA (FROM ALTERNATIVES TO PRISONS - ISSUED AND OPTIONS, 1979, BY RODGER O DARNELL ET AL - SEE NCJ-65182)

• NCJ Number: 65193
• Author(s): P WAHRHAFTIG
• Date Published: 1979
• Length: 8 pages
• Corporate Author: University of Iowa
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THREE STRUCTURES FOR CITIZEN DISPUTE RESOLUTION ARE BRIEFLY SKETCHED: CRIMINAL JUSTICE SYSTEM MODELS, AGENCY MODELS, AND COMMUNITY MODELS.

Abstract

CITIZEN DISPUTE RESOLUTION SYSTEMS HAVE GROWN OUT OF THE RECOGNITION THAT UNNECESSARY NUMBERS OF PEOPLE ARE BEING VICTIMIZED BY THE JUSTICE SYSTEM. SOME OF THE DISPUTES WHICH END IN UNNECESSARY ARREST, BAIL, AND TRIAL PROBLEMS ARE BETWEEN PEOPLE WHO HAVE SOME KIND OF ONGOING RELATIONSHIP AND WHO HAVE A STAKE IN STRAIGHTENING OUT PROBLEMS TO AVOID FUTURE TROUBLE. ALTHOUGH MANY PROBLEMS WOULD BE BETTER RESOLVED IF PEOPLE WERE ENCOURAGED TO TALK THEM OUT AND REACH THEIR OWN SOLUTIONS, THE STRUCTURAL ISSUES ARE INVOLVED. IN THE U.S., JUSTICE-SYSTEM-SPONSORED DISPUTE RESOLUTIONS PROGRAMS, THE MOST COMMON RESOLUTION FORMAT, HAVE THE POTENTIAL OF EMPOWERING INDIVIDUALS TO SEEK THEIR OWN SOLUTIONS. HOWEVER, THE PROCESS LEGITIMIZES THE JUSTICE SYSTEM AS THE PRIMARY PROBLEMSOLVER AND LIMITS PEOPLE BY A DEFINITION OF HANDLING DISPUTES; E.G., IF THE DISPUTE IS TOO SERIOUS (IN COURT TERMS), IT WILL GO TO TRIAL, ONE STEP REMOVED FROM THE JUSTICE SYSTEM IS THE AGENCY MODEL OF DISPUTE RESOLUTION E.G., THE AMERICAN ARBITRATION ASSOCIATION), WHICH RECEIVES THE BULK OF ITS CASES AS REFERRALS FROM THE CRIMINAL JUSTICE SYSTEM, AND THUS DEPENDS SOMEWHAT ON THAT SYSTEM'S DEFINITION OF WHAT THE PROBLEMS ARE AND WHAT CASES ARE APPROPRIATE FOR MEDICATION. FINALLY, PROGRAMS GOVERNED BY THE COMMUNITY BEING SERVED ARE LIMITED; THE COMMUNITY BOARD PROGRAM (CBP) IN SAN FRANCISCO IS HIGHLY STRUCTURED AND WELL FUNDED, WHILE THE COMMUNITY ASSOCIATION FOR MEDICATION (CAM) IN PITTSBURGH IS ATTEMPTING TO EXIST ON VIRTUALLY NO MONEY. IN THESE PROGRAMS, THE JUSTICE SYSTEM INTAKE IS BYPASSED. THE PRIMARY GOAL IS TO BETTER HANDLE DISPUTES THAT WERE NOT PREVIOUSLY SERVICED OR WERE MISSERVICED BY THE COURTS. THE PROGRAMS ARE ALSO TRYING TO INCREASE THE CAPACITY AND LEGITIMACY OF COMMUNITY STRUCTURES. AS A STRUCTURE FOR OPERATING CONSISTENTLY WITH COMMUNITY DEFINITIONS OF PROBLEMS, THESE COMMUNITY PROGRAMS OFFER THE GREATEST POTENTIAL. A BRIEF BIBLIOGRAPHY IS ATTACHED. (MHP)