NCJ Number
19263
Journal
Crime and Delinquency Volume: 21 Issue: 2 Dated: (APRIL 1975) Pages: 100-108
Date Published
1975
Length
9 pages
Annotation
DESCRIPTION OF AN EXEMPLARY PROJECT THAT HAS DIVERTED THOUSANDS OF CRIMINAL CASES OUT OF THE FORMAL CRIMINAL JUSTICE SYSTEM.
Abstract
INSTEAD OF APPLICATION OF THE CRIMINAL JUSTICE SYSTEM'S TYPICAL 'ARREST-JAIL-COURT' PROCEDURE, CRIMINAL COMPLAINTS INVOLVING INTERPERSONAL DISPUTES - FAMILY ARGUMENTS, LANDLORD-TENANT DISAGREEMENTS, NEIGHBORHOOD FIGHTS, AND SIMILAR CONDUCT OF PEOPLE WHO MUST CONTINUE TO MAINTAIN CLOSE PERSONAL CONTACT WITH ONE ANOTHER - ARE DIVERTED TO A NIGHT PROSECUTOR'S 'OFFICE TRIAL', NO LATER THAN ONE WEEK AFTER THE 'CRIME'. THE VICTIM, THE ACCUSED, FRIENDS, NEIGHBORS, AND OTHER INTERESTED PARTIES COME TOGETHER IN A HEARING, PRESIDED OVER BY A CAPITAL UNIVERSITY LAW STUDENT, UNDER THE SUPERVISION OF THE CITY PROSECUTOR. HEARINGS ARE HELD DURING THE EVENINGS TO AVOID LOSS OF WAGES FOR THE PARTICIPANTS. THE ADMINISTRATIVE HEARINGS, BASED ON THE CONCEPTS OF VICTIM CONFRONTATION, SERVE TO REOPEN THE CHANNELS OF COMMUNICATION BETWEEN THE PARTIES. ONLY ABOUT 2 PER CENT OF THE COMPLAINTS REFERRED TO THE NIGHT PROSECUTOR RESULT IN FILING OF FORMAL CRIMINAL CHARGES AND ISSUANCE OF ARREST WARRANTS. OF GREATER SIGNIFICANCE, IN LESS THAN 3 PER CENT OF THE CASES HEARD BY THE NIGHT PROSECUTOR DOES THE COMPLAINANT RETURN AND MAKE A NEW CHARGE AGAINST THE PARTY TO THE ORIGINAL DISPUTE. THUS, THE MEDIATION AND CONCILIATION OF INTERPERSONAL MISDEMEANORS HAS PROVEN TO BE AN EFFECTIVE ALTERNATIVE TO FORMAL CRIMINAL PROCESS IN SUCH CASES. (AUTHOR ABSTRACT)