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TOWARD THE CREATION OF A COMPLEMENTARY, DECENTRALIZED SYSTEM OF CRIMINAL JUSTICE

NCJ Number
17939
Journal
Stanford Law Review Volume: 26 Issue: 1 Dated: (NOVEMBER, 1973) Pages: 1-54
Author(s)
R DANZIG
Date Published
1973
Length
55 pages
Annotation
DESCRIPTION OF DECENTRALIZED SYSTEMS COVERING THE POLICE, LEGISLATIVE, PROSECUTORIAL, COURT, AND PRISON FUNCTIONS AND DESIGNED TO SUPPLEMENT, NOT REPLACE, EXISTING SYSTEMS.
Abstract
PROPOSED IS A SYSTEM OF LOCAL LEGISLATION IN WHICH NEIGHBORHOOD DISTRICTS COULD ADOPT BILLS WITH LESSER, BUT NOT GREATER, PENALTIES THAN THOSE SPECIFIED IN THE STATE OR CITY-WIDE LEGISLATION. THIS WOULD GIVE COMMUNITIES A CERTAIN DEGREE OF FREEDOM TO 'DEFINE' THEIR OWN CRIMES. A NEIGHBORHOOD POLICE FORCE CREATED AND FINANCED BY NEIGHBORHOOD DISTRICTS IS ALSO RECOMMENDED BY THE AUTHORS. UNDER THIS ARRANGEMENT, A NONCOERCIVE FORCE OF NON-UNIFORMED MEN WOULD BE LINKED TO THE TRADITIONAL POLICE COMMUNICATIONS SYSTEM AND DISPATCHED BY POLICE OPERATORS IN RESPONSE TO FAMILY DISPUTE, JUVENILE DISTURBANCE, AND VAGRANCY CALLS. THE DUTIES OF A NEIGHBORHOOD ATTORNEY ARE ALSO DESCRIBED. SUCH AN ATTORNEY WOULD BE CHARGED WITH TAKING LEGAL INITIATIVE IN ALL MATTERS OF NEIGHBORHOOD CONCERN EXCEPT CRIMINAL PROSECUTIONS. IN THE AREA OF COURTS, THE WORKINGS OF A COMMUNITY MOOT, WHICH WOULD RESOLVE DISPUTES BY CONSENSUS (AND NOT BY ASSESSING BLAME) IS EXPLAINED. THE COMMUNITY CORRECTIONAL PROGRAM DESCRIBED WOULD INVOLVE JUVENILE DELINQUENCY COUNSELING BY A COMMUNITY MOOT OR THE COMMUNITY POLICE AND REFERRALS TO NON-OFFICIAL COMMUNITY RESOURCES. (SNI ABSTRACT)