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NCJ Number: 43948 Find in a Library
Title: PROBLEM OF OVERCRIMINALIZING HUMAN CONFLICT - A CIVIL ALTERNATIVE
Author(s): C A EKLUND
Date Published: Unknown
Page Count: 18
Format: Document
Language: English
Country: United States of America
Annotation: THE VOLUNTARY SUBMISSION OF DISPUTES TO ARBITRATION IS EXAMINED AS AN ALTERNATIVE MEANS TO HANDLING PRIVATE CRIMINAL COMPLAINTS.
Abstract: THE TYPES OF COMPLAINTS THAT LEND THEMSELVES TO ARBITRATION ARE REFERRED TO AS 'COMMUNITY CRIMES,' THE COMMUNITY CONSISTING OF ANY OF THE USUAL SOCIAL GROUPINGS OF PEOPLE BASED ON COMMON INTERESTS SUCH AS FAMILY, WORK, RECREATION, HOUSING, AND SCHOOLS. SUCH CRIMES INVOLVE OFFENDERS AND VICTIMS WHO HAVE A CONTINUING RELATIONSHIP. THE NATIONAL CENTER FOR DISPUTE SETTLEMENT'S 4-A PROGRAM DEALS WITH MINOR CRIMINAL OFFENSES SUCH AS HARASSMENT, DESTRUCTION OF PROPERTY, SIMPLE ASSAULT, AND DISORDERLY CONDUCT. SUCH OFFENSES OFTEN ARISE OUT OF ARGUMENTS BETWEEN FRIENDS OR NEIGHBORS. IF A CRIMINAL COMPLAINT LENDS ITSELF TO ARBITRATION, THE PROSECUTOR EXPLAINS THE 4-A PROGRAM TO THE COMPLAINANT AND ASKS IF THE COMPLAINANT WISHES TO SUBMIT HIS CASE TO ARBITRATION RATHER THAN TO THE CRIMINAL COURT. WHEN BOTH THE COMPLAINANT AND THE DEFENDANT AGREE TO ARBITRATION, THE CASE IS SCHEDULED FOR A HEARING AT THE 4-A OFFICES. THE ARBITRATOR'S FIRST RESPONSIBILITY IN THE 4-A PROCEDURE IS TO ATTEMPT TO WORK OUT A CONSENT AGREEMENT BETWEEN THE PARTIES. IF MEDIATION IS UNSUCCESSFUL, THEN THE ARBITRATOR MAY DECIDE TO GRANT AN AWARD. NO FINES OR PUNITIVE DAMAGES ARE INVOLVED. THE ADVANTAGES OF THE 4-A PROGRAM'S MEDIATION-ARBITRATION APPROACH OVER THE TRADITIONAL ARBITRATION APPROACH ARE POINTED OUT. THE WORKINGS OF THE MEDIATION-ARBITRATION PROCEDURE ARE ILLUSTRATED IN A CASE STUDY. THE EXTENSION OF THE 4-A PROGRAM FROM ITS PILOT STAGE IN PHILADELPHIA TO FULL OPERATION IN SEVERAL URBAN AREAS IS NOTED.
Index Term(s): Alternative dispute settlement; Arbitration; Mediation; Neighborhood justice centers; Prosecutorial diversion
Note: DISCUSSION PAPER PRESENTED TO AMERICAN SOCIETY OF CRIMINOLOGY ANNUAL MEETING, NOVEMBER 1-4, 1974, CHICAGO, ILLINOIS
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=43948

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