NCJ Number
14502
Journal
Capital University Law Review Volume: 3 Issue: 1 Dated: (1974) Pages: 1-31
Date Published
1974
Length
32 pages
Annotation
THIS ARTICLE EXAMINES THE ESTABLISHMENT AND OPERATION OF THE FORUM, A 'COMMUNITY COURT' FOR JUVENILES IN TROUBLE WITH THE LAW.
Abstract
THE FORUM, ESTABLISHED IN 1971 AS PART OF THE NEIGHBORHOOD YOUTH DIVERSION PROGRAM IN THE BRONX, NEW YORK, ATTEMPTS TO RESOLVE CONFLICTS BETWEEN A YOUNGSTER AND AN ADULT-COMPLAINANT THROUGH THE TECHNIQUES OF MEDIATION. RESIDENT VOLUNTEERS, WHO SERVE AS FORUM JUDGES ON A PART-TIME BASIS, WORK ON CASES REFERRED TO THE NEIGHBORHOOD YOUTH DIVERSION PROGRAM FROM THE DEPARTMENT OF PROBATION AND THE FAMILY COURT. THEY CANNOT 'SENTENCE' ANYONE, BUT, INSTEAD, MAKE RECOMMENDATIONS TO THE PARTICIPANTS AT THE HEARING, AND TO THE REFERRING AGENCIES THROUGH THE VEHICLE OF THE LARGER PROGRAM. THE JURISDICTION OF THE FORUM IS ENTIRELY VOLUNTARY. DISCUSSED ARE THE EMERGENCE OF THE NEIGHBORHOOD YOUTH DIVERSION PROGRAM, THE SYSTEM OF YOUTH OFFENDER TREATMENT IN OPERATION IN NEW YORK, AND THE RATIONALE BEHIND COMMUNITY DISPUTE SETTLEMENT MECHANISMS, SUCH AS THE FORUM. A REVIEW OF THE PROGRAM'S FIRST YEAR CONSIDERS THE TRAINING OF FORUM JUDGES, THE STRUCTURE AND OPERATION OF THE FORUM, AND A FRAMEWORK FOR EVALUATING THE PROGRAM'S TWO CLOSELY INTERTWINED GOALS: THE DIVERSION OF YOUNG ADULTS FROM THE EXISTING SYSTEM OF 'CRIMINAL' JUSTICE FOR JUVENILES, AND THE DEVELOPMENT OF A NEIGHBORHOOD DISPUTE SETTLEMENT MECHANISM. THE APPENDIX CONTAINS A DISCUSSION OF FORUM DYNAMICS.