skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 49853 Find in a Library
Title: ALTERNATIVES TO PROSECUTION
Author(s): A E COWLES
Corporate Author: National Ctr for Dispute Settlement of the American Arbitration Assoc
United States of America
Date Published: 1974
Page Count: 12
Sponsoring Agency: National Ctr for Dispute Settlement of the American Arbitration Assoc
New York, NY 10020
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THE ARBITRARY REFERRAL OF CIVIL DISPUTE CASES TO THE CRIMINAL LAW PROCESS FOR DISPOSITION HAS RESULTED IN UNWARRANTED PROSECUTION. ARBITRATION IS EXPLORED AS AN ALTERNATIVE.
Abstract: COMPLAINING PARTIES OFTEN USE PROSECUTION AS A MEANS OF RETALIATION IN NEIGHBORHOOD DISPUTES FOR WHICH BOTH PARTIES MAY ACTUALLY SHARE SOME DEGREE OF BLAME. CRIMINAL COURT PROCEEDINGS CAN ONLY ASSESS THE GUILT OR INNOCENCE OF ONE PARTY. TO HANDLE DISPUTES THAT COMMONLY ARISE IN THE CONTEXT OF URBAN LIVING AND TO RELIEVE COURT CONGESTION, THE 4-A PROGRAM (ARBITRATION AS AN ALTERNATIVE TO THE CRIMINAL PROCESS) HAS BEEN DESIGNED BY THE NATIONAL CENTER FOR DISPUTE SETTLEMENT. PROGRAM PROCEDURES ALLOW FOR A MORE COMPREHENSIVE EXAMINATION OF CONFLICTS AND FOR BETTER DISPOSITION OF CASES DEALING WITH HUMAN CONFLICTS. CONFLICTS ARE RESOLVED WITH THE MAXIMUM PARTICIPATION OF INVOLVED PARTIES AND WITH THE ARBITRATOR FUNCTIONING ONLY AS MEDIATOR. WHEN PARTIES ARE UNABLE TO COME TO AN AGREEMENT, THE ARBITRATOR MUST RENDER A DECISION BASED ON THE FACTS PRESENTED. FOLLOWING AN ASSESSMENT OF DAMAGES TO THE PARTIES, THE TERMS FOR SETTLEMENT ARE DRAWN. INCORPORATED IN THE SETTLEMENT ARE CONDITIONS FOR HANDLING FAILURES TO ABIDE BY THE AGREEMENT.
Index Term(s): Arbitration; Civil disorders; Civil remedies; Court structure; Judicial process; Prosecution
Note: AN ADDRESS DELIVERED TO THE SOUTHERN CALIFORNIA CHAPTER OF THE INDUSTRIAL RELATIONS RESEARCH ASSOCIATION
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49853

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.