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ALTERNATIVE COURT PROGRAMS IN MASSACHUSETTS

NCJ Number
53402
Author(s)
X KAYDEN
Date Published
1978
Length
37 pages
Annotation
ALTERNATIVE SENTENCING PROGRAMS AS EVALUATED AND ANALYZED IN THE DISTRICT COURTS OF MASSACHUSETTS FROM DECEMBER 1977 TO APRIL 1978 POINT TO IMPROVED COURT/COMMUNITY RELATIONSHIPS.
Abstract
BECAUSE OF THE INCREASE IN ALTERNATIVE SENTENCING PROGRAMS, THE G.H. SHAW FOUNDATION INITIATED A 6 MONTH STUDY TO EVALUATE SUCH PROGRAMS, DOCUMENT AREAS OF SUCCESS, AND PRODUCE MATERIAL TO ASSIST IN THEIR EXPANSION. VISITS IN LOCATIONS IN A NUMBER OF STATES, AND INTERVIEWS WITH OVER 140 PEOPLE REVEALED A GREAT DIVERSITY IN ALTERNATIVE SENTENCES HANDED DOWN BY INDIVIDUAL JUDGES. THE PURPOSE OF THIS STUDY WAS TO UNDERSTAND HOW THESE PROGRAMS FUNCTION AND HOW THEY RELATE TO THE OBJECTIVES OF THE COURT AND THE COMMUNITY AT LARGE. THE FIRST SET OF PROGRAMS REVIEWED WERE THOSE WHICH SEEK TO MAKE THE VICTIM WHOLE: RESTITUTION PROGRAMS, PUBLIC WORK SERVICE PROGRAMS, AND VICTIM/WITNESS PROGRAMS. ONLY ADULT PROGRAMS WERE STUDIED. EACH PROGRAM IS DESCRIBED, ITS PROCEDURES OUTLINED, AND PROGRESS ESTIMATED WITH SOME SPECIFIC DATA AS TO NUMBER OF CASES AND AMOUNTS OF RESTITUTION. THE SECOND CATEGORY OF PROGRAMS STUDIED REFLECTED A CONCERN FOR HANDLING CERTAIN KINDS OF PROBLEMS OUTSIDE THE FORMAL LEGAL SYSTEM. THESE PROGRAMS DEALT WITH MEDIATION BETWEEN PEOPLE WITH LONGSTANDING RELATIONSHIPS AND PROGRAMS DIRECTED AT DOMESTIC VIOLENCE. AFTER A BRIEF DESCRIPTION, THE STUDY DISCUSSES THE IMPACT OF THESE PROGRAMS ON THE COURT AS AN INSTITUTION AND THE IMPACT ON ITS PERSONNEL, PARTICULARLY, PROBATION. INSTITUTIONAL TENSIONS ARE DISCUSSED. THE DISCUSSION OF THE IMPACT OF PROGRAMS ON THE COURT'S RELATIONSHIP WITH THE COMMUNITY COVER THE INVOLVEMENT OF THE PRIVATE SECTOR IN RESTITUTION PROGRAMS. THE USE OF COMMUNITY VOLUNTEERS RAISES SOME POLITICAL QUESTIONS THE ANSWER OF WHICH UPON ONE'S VALUES AND OBJECTIVES. IN THESE ALTERNATIVE PROGRAMS THERE ARE LEGAL IMPLICATIONS SUCH AS LIABILITY, INVOLUNTARY SERVITUDE, AND EQUAL PROTECTION, WHICH WILL REQUIRE FURTHER STUDY. SUCH PROGRAMS SHOULD BE INSTITUTIONALIZED INTO THE DISTRICT COURT SYSTEM IN MASSACHUSETTS AND THERE SHOULD BE MORE EXPERIMENTATION WITH DIVERSE ALTERNATIVES IN THE FUTURE. A COST BENEFIT ALTERNATIVE SENTENCING PROGRAMS IN MASSACHUSETTS IS PROVIDED UNDER THE HEADINGS RESTITUTION, COMMUNITY WORK SERVICE, AND MEDIATION. (FCW)