Alternative Futures for the Adversary System in America (From Judging the Future - Proceedings, P 86-110, 1981, James Dator and Clement Bezold, ed. - See NCJ-89036)

• NCJ Number: 89040
• Author(s): J Dator
• Date Published: 1981
• Length: 25 pages
• Sale Source: University Press of Hawaii
• Language: English
• Country: United States of America

Annotation

The Anglo-American adversarial system of justice may not remain the best way to ensure justice and guarantee rights in the future.

Abstract

The legal system should be seen as a social invention developed during particular historical circumstances that may not be applicable today. The author traces the past of the adversary system, touches on other nonadversarial processes presently in use, and looks at the future of the system from the 'alternative futures' perspective. While admitting that there are significant forces for preserving and improving the adversary system, he indicates that there are at least equally strong forces working against it. He suggests that certain crimes, such as shoplifting and theft offenses, be decriminalized and that the State help individuals to accept the deviance of others. Capital punishment and imprisonment should be abolished and more mediation and dispute resolution centers should be established. More use should be made of computer technology. Notes and 22 references are supplied. (Author abstract modified)