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The traditional jurisdiction system methods of offenders’ treatment are being substituted by novel conflicts resolution strategies nowadays. Such procedures include alternative dispute resolution (ADR) and diversion programs. The first one aims to provide a second chance to law offenders by not allocating them criminal records. The lawbreakers are still penalized, and they participate in collective works as their punishment, but they do not lose their jobs or connections with family. Next, diversion implies the dismissal of a case from the queue for court proceedings. Instead, a reconciliation of an offender and victims are performed to restore justice. Thus, new methods incorporate the philosophy of rectification through ways that do not destroy an offender’s life.
Both programs were criticized for being applied only for the least severe prosecutions. However, this argument could be viewed as irrelevant to the practices. The practices are meant to be for first-time offenders or individuals that acted emotionally, instinctively, or because of their toxic environment. As emphasized in Hartley et al. (2017, p. 304), “prosecutors must often prioritize cases and arrange them from the most to least serious.” The program is not apt for severe criminals; moreover, it should not be extended to such violations as murder, rape, or pedophile inclinations. Going through the treatment, persons can always repeat the crime; other human lives and security are not to be threatened by such experiments. Therefore, the methods help reduce the cases’ number, but they should not be amplified on people that terrorize the common safety.
Additionally, some reproach the programs for choosing cases with gender or racial prejudices. The claim of gender disparity in courts seems to be obsolete. Namely, Hartley et al. (2019) mention that the issue has been solved at the end of the previous century. As for racial discrimination, the mediators and impartial arbiters still might undervalue the influence of environmental impact on the minorities. To prevent this, the system can improve the understanding of cultural differences among the participants of the judicial procedures.
Reference
Hartley, R., Rabe, G., & Champion, D. (2017). Criminal courts: Structure, process, and issues (4th ed.). Pearson. Web.
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