ADRAlternative Dispute Resolution

Criminal Law vs. Civil Law

Criminal Law Civil Law

Deals with crime Deals with disputes between individuals/organizations

Goals of Criminal Justice Free write: you have three minutes to list all the answers that come to mind for the following question:

Why do we punish people who commit crimes?

Goals of Criminal Justice1. Retribution & Restoration: “eye for and eye”—

society should take on the role of punishing those who violate its laws instead of individuals taking revenge.

1. Punishments imposed may include fines, restitution, incarceration, or execution

2. Deterrence: punishing people discourages someone from committing future crimes and discourages other people from committing crimes

3. Rehabilitation: criminals commit crimes because of social, educational, or psychological problems. Justice system should focus on fixing these problems so that these people can become responsible members of society.

4. Incapacitation: criminals should be physically separated from the community so the community is protected from danger.

Alternatives Before Going to Court(Save Money and Time)

Alternative Dispute Resolution (ADR): occurs when parties try to resolve disagreements outside of the usual court system (instead of going to trial)

ADR Techniques Negotiation Plea Bargaining Mediation Arbitration

ADR Techniques

Negotiation: The disputing parties talk to each other about their problem and try to reach a solution that is acceptable to them.

• Describe a time in your life when you have negotiated something . . . . . .

• Use the 6 Step Negotiation Process

ADR TechniquesPlea Bargaining: agreement in a criminal case between the prosecutor (state) and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence

Plea Bargaining Assignment PleaBargaining.doc

Groups of 3

ADR TechniquesMediation

Mediation: occurs when parties to a dispute invite a mediator to help them solve the problem. Mediator tries to persuade the parties to compromise.

Mediator DOES NOT decide the Case

The Benefits of Mediation Voluntary Confidential Effective Enforceable

If settlement reached and written as legally binding contract

Free Through many community mediation programs

The Steps of Mediation Introduction Telling the story Identifying positions and underlying

interests Identifying alternative solutions Revising and discussing solutions Reaching an agreement

ADR TechniquesArbitration

Arbitration: occurs when parties to a dispute invite a arbitrator to help them solve the problem.

Arbitrator DECIDES the final outcome of the case

Ex. Judge Judy

Mediation Activity