NCJ Number
46658
Journal
NEW DIRECTIONS Volume: 2 Issue: 6 Dated: (NOVEMBER/DECEMBER 1977) Pages: 168-172
Date Published
1977
Length
5 pages
Annotation
STRENGTHS AND WEAKNESSES OF NEIGHBORHOOD JUSTICE CENTERS (NCJ'S) AND OTHER NONJUDICIAL ALTERNATIVES BEING DEVELOPED TO HANDLE A WIDE RANGE OF CITIZEN GRIEVANCES AND DISPUTES ARE EXAMINED.
Abstract
AN INTEREST IN COURT ALTERNATIVES HAS ARISEN BECAUSE OF THE HIGH COST OF LEGAL SERVICES, THE INACCESSIBILITY AND COMPLEXITY OF THE COURTS, THE PROBLEMS OF ENFORCING SMALL CLAIMS, A NEED FOR GREATER FAIRNESS, AND A NEED FOR APPROPRIATE REMEDIES NOT DEPENDENT ON FINDINGS OF GUILT OR FAULT. IN ADDITION, A NUMBER OF SOCIAL ORDER TRANSFORMATIONS HAVE PROVIDED THE CONTEXT FOR COMMUNITY JUSTICE ALTERNATIVES. THESE INCLUDE THE EXPANDED ROLE OF GOVERNMENT IN EVERYDAY SOCIAL LIFE, GROWING CENTRALIZATION AND CONCENTRATION OF CORPORATE POWER, AND THE BREAKDOWN OF TRADITIONAL CONFLICT RESOLVING AND SOCIALIZING INSTITUTIONS SUCH AS THE FAMILY AND SCHOOL. THEORETICALLY, NJC'S WILL RESOLVE DISPUTES BETWEEN PARTIES KNOWN TO EACH OTHER. HOWEVER, DIFFERENCES IN ECONOMIC BARGAINING POWER AMONG DISPUTANTS MAY RESULT IN A WEAKENING OF THE RIGHTS OF THE LOW TO MODERATE INCOME GROUPS. THE PRESENCE OF NJC'S MAY WEAKEN THE ABILITY OF CITIZENS TO USE THE REGULAR COURTS AS PROTECTION AGAINST THE INSTITUTIONALIZED AND CONCENTRATED POWER OF ORGANIZATIONS WITH VAST RESOURCES. NCJ'S BY THEIR INFORMAL NATURE ARE LIKELY TO LIMIT THE SCOPE OF BOTH CLIENT DEMANDS AND REMEDIES. IN ADDITION, THE NJC'S MAY BECOME A MODE OF SOCIAL CONTROL BY LOCAL ELITES FOR DISAPPROVED CONDUCT OR VIOLATIONS OF SOCIAL NORMS. THE ACCESSIBILITY OF NJC'S ALLOWS FOR AN OVER-INCLUSION OF CASES AND THE INSTITUTIONALIZATION OF CASES WHICH MIGHT OTHERWISE NEVER ENTER THE COURTS. CONSEQUENTLY THEY POSE A THREAT TO INDIVIDUAL LIBERTY. IN ADDITION, A NUMBER OF ISSUES ARISE CONCERNING THE VOLUNTARY NATURE OF COMPLIANCE WITH AGREEMENTS REACHED THROUGH AN NJC. COMPLIANCE MAY ACTUALLY BE ENFORCED THROUGH A NEED TO AVOID THE COURTS OR TO CONFORM TO OTHER SOCIAL PRESSURES, AND THE DISTINCTION BETWEEN TREATMENT, SERVICE, AND PUNISHMENT IS OFTEN UNCLEAR. MOREOVER, PRIVACY RIGHTS MAY BE ENDANGERED BY REFERRAL AND RECORDKEEPING DONE THROUGH NJC NEGOTIATIONS. FINALLY, COMMUNITY PLANNING AND PARTICIPATION IN AN NJC MAY NOT INCLUDE ALL SEGMENTS OF THE COMMUNITY. DECISIONS REGARDING TYPES OF DISPUTES HANDLED, USER ELIGIBILITY, OVERALL MONITORING, AND PRIORITY SETTING MUST NOT BE LEFT IN THE HANDS OF THE LOCAL ELITE. ON THE POSITIVE SIDE, AN NJC CAN BE A COMPREHENSIVE MEDIUM FOR EXAMINING AND QUESTIONING THE STRUCTURE, PROCESSES, PROCEDURES, AND PROFESSIONALS OF THE LEGAL SYSTEM. IT MAY ELUCIDATE THE SOCIAL MEANING OF CONFLICT. IT MAY PROVIDE A MEANS FOR ENHANCING THE PUBLIC'S NEGOTIATING, MEDIATING, AND ADVOCACY SKILLS WHILE INCREASING GENERAL LEGAL COMPETENCE. IT IS CONCLUDED THAT THESE ISSUES MUST BE RESOLVED IF NJC'S ARE TO BE FAIR AND TRULY PARTICIPATORY COMMUNITY ALTERNATIVES TO THE FORMAL LEGAL SYSTEM. NOTES ARE INCLUDED.