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Introduction: Equal Access To Justice? |
| Section: MODERN THOUGHT / EQUAL ACCESS TO JUSTICE? |
| Author: Albert W. Alschuler |
| Publication: The world & I online |
| Issue Date: 6/1/1991 |
| Size: 2,247 Words, 14,076 Characters |
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The impartial resolution of disputes is a basic social service. It is not a service that our society provides very well. The articles that follow offer glimpses of a justice system in serious trouble.
A central theme of the articles concerned with criminal justice is the power of the prosecutor. In America's criminal justice system, about twenty-five hundred elected prosecutors are, for the most part, answerable only to the voters of their communities. No other legal system in the world affords nearly so much power over life and liberty to essentially unreviewed local prosecutors. Defendants--noting the power that these officials exercise in deciding whether to accuse people of crime, in choosing what charges to file, and in plea bargaining--understand that their cases will be decide...
. . .
...e great inventiveness, merely a return to the basics of justice.
Current ADR programs have been successful because of a characteristic that all of these programs share: somebody listens. That is what people want and what they often cannot get from our legal system. In both civil and criminal cases, we must simplify our trial procedures and find impartial decision makers who will listen.
(806 of 14,076 characters)
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