Alternative Dispute Resolution (ADR)
Today the United States is a "sue happy" country. Over the last fifty years the crime rate has gone up. According to NationMaster.com, United Stated rank first in total crime with 23,677,800 which is much more than the second place Germany with 6,264,720. Total crime in this only includes rapes, murders, assaults, car theft. This information comes from the Seventh United Nations Survey of Crime Trends which covers 1988 to 2000.
We have been introduced to a lot of new crimes that has arisen from the constant advancement in technology and more. There are a lot of white collar crimes. "The Supreme Court's caseload has grown substantially over time. John Marshall's first term as chief justice, the Court delivered only 15 opinions; in 1853 that number rose to 46, a pitiful handful by today's standards. By 1853, the number of cases docketed had risen to 253, still small compared to the current docket of more than 7,500. So too workload of lower federal courts have grown. In the 1820s, about 3500 cases were pending in the nation's circuit and district courts. In 1997 alone, litigants filed more than 270,000 cases in the U.S. district court and more than 50,000 in court of appeals."(Murphy 88)
With all these cases filed and all these cases that are appealed, there are not enough judges or courts for that matter, to handles all these cases. This is why the we have come up with Alternative Dispute Resolutions(ADR). ADR first came about 1960s. Alternative Dispute Resolution simply refers to any way to solve a legal problem without having to go to court. Alternative Dispute Resolutions(ADR) doesn't just deal with minor cases.. Even the Federal government have come up with Alternative Dispute Resolutions(ADR) Working Group which is a branch of the Office of Disputes Resolution at the U.S. Justice Department. Congress and the President established the Working Group to coordinate, promote, and facilitate the effective use of ADR in the government, pursuant to the Administrative Dispute Resolution Act of 1996. (Cinciotta)
The Administrative Dispute Resolution Act (ADRA) of 1996 requires federal agencies to have policies that address the use of alternative dispute resolution (ADR) techniques and to appoint a Dispute Resolution Specialist. For the purpose of the statute, "alternative means of dispute resolution" include conciliation, mediation, facilitation, fact-finding, minitrials and the use of "ombuds." (Administrative Dispute Resolution Act of 1996.)
There are many different kinds of Alternative Dispute Resolutions.
It is more difficult for governments to provide adequate salaries to public defense lawyers and the result is that these lawyers are often more inexperienced (Fairfax, 2013). Since the amount of defendants who are unable to afford private counsel has increased, public defense lawyers are also overworked. It is not uncommon for public defense lawyers to juggle hundreds of cases simultaneously (Fairfax, 2013). In other words, the system is unable to handle the volume and has therefore resorted to avoiding the trial process whenever
people in these 21st century society wonder, “When is Justice to be done?” For district attorneys,
The murder rate in America rose terrifyingly high in 1960 to 1980 and slowly dribbled down in 1990. Homicide was averaged at 80%. There were 9,000 homicides recorded in 1960, 18,980 in 1985, and a horrifying average of 24,530 in 1992. These statistics show the phenomenon of the serial killer epidemic.
Crime in this country is an everyday thing. Some people believe that crime is unnecessary. That people do it out of ignorance and that it really can be prevented. Honestly, since we live in a country where there is poverty, people living in the streets, or with people barely getting by, there will always be crime. Whether the crime is robbing food, money, or even hurting the people you love, your family. You will soon read about how being a criminal starts or even stops, where it begins, with whom it begins with and why crime seems to be the only way out sometimes for the poor.
Table 1 of the Preliminary Semiannual Uniform Crime Report, January-June, 2015 demonstrates the percent change by population group. The population group is broken down into cities and counties according to population. According to table 1, the crimes with the highest arrest rates were murder, rape, and aggravated assault, followed by robbery and motor vehicle theft. Murder, rape, and aggravated assault fall under Violent Crime Index whereas robbery and motor vehicle theft
"Anybody living in the United States in the early 1990s and paying even a whisper of attention to the nightly news or a daily paper could be forgiven for having been scared out of his skin... The culprit was crime. It had been rising relentlessly - a graph plotting the crime rate in any American city over recent decades looked like a ski slope in profile... Death by gunfire, intentional and otherwise, had become commonplace, So too had carjacking and crack dealing, robbery, and rape. Violent crime was a gruesome and constant companion...
An Alternative Dispute Resolution is an act that means for disagreeing parties that couldn’t solve their issues or still haven’t find the way out of the issues. It is a collective term for the ways that the parties will come to an agreement which everyone agrees on with or without the help of the third party. Usually some courts use parties to help them in some cases. Usually Alternative Dispute Resolution is the support term of the process. In which an impartial person from the Alternative Dispute Resolution which is an Alternative Dispute Resolution practitioner. That various person will assists to those who has the problem or the issues or dispute to resolve the problem or the issues between them. Alternative Dispute Resolution commonly use for abbreviation for Alternative Dispute Resolution but, it can also be used as to assist the issues which leading them to the conclusion and the decision.
Crime in the United States from 2014 to 2013 has decreased. According the FBI’s page, the definition of “violent crime” is, composed of four offenses: murder and nonnegligent manslaughter, rape, robbery, and aggravated assault. Violent crimes are those offenses that involve force or threat of force. These crimes have decreased from a little over 1.250,000 to an estimated 1,165,383 nationwide. Aggravated assaults accounted for 63.8%, robbery offenses were 28%, rape was 7.2%, and murder was 1.2%. Not only is violent crime rate reducing, but so is property crime. Property crime includes larceny-theft, burglary, motor-vehicle theft, and arson. From 2010 to 2014 property crime has reduced from an estimated 9,100,000 to 8,277,829. It declined 4.3% from a 2013 estimate. Loses from 2014 estimate $14.3 billion.
Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text For The Twenty-First Century, 7th Edition. Prentice Hall. 96-98, 116-117
Administrative law is designed to control and correct administrative government and focuses on the procedural problems of fairness and accuracy in governmental decision making (Harrington, 2009). To ensure fairness in administrative proceedings within Federal Government agencies the 1946 Administrative Procedure Act (APA) was created (Harrington, 2009). The APA also sets up a process for the United States federal courts to directly review agency decisions. The APA has four distinct areas of administration it governs: (1) adjudication, the process for hearing and deciding controversies; (2) rulemaking, the procedures for developing and amending regulatory rules; (3) discretion of administrative agencies, defined in the statute that creates an agency and reviewing courts must defer to the statute; and (4) judicial review, establishes the standards that courts must apply when reviewing agency actions (Harrington, 2009).
Have you ever heard the saying, “Crime doesn’t pay,” or “If you do the crime, you do the time?” Merriam- Webster defines crime as an action or omission that constitutes an offense that may be prosecuted by state and is punishable law. There is a lot of crime being committed each year not only in America, but worldwide. Although people only look at what is happening here in America, the crime rate in some countries surpasses the ones here in America. There are over 2,000 crimes recorded per 100,000 populations in the United Kingdom (UK), making it the most violent place in Europe. Committing a crime nowadays for any person(s) is almost common and crime does not discriminate whether you are here in America or abroad. In the film “In Cold
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
From 1991-2000, statistically there was a dramatic decline in crime nationally. The statistics studied were of all categories of crimes considered serious, including: homicides which decreased by 39%; rape which decreased by 41%; robbery which decreased by 44%; aggravated assault which decreased by 24%; burglary which decreased by 41%; auto theft which decreased by 37%; and larceny which decreased by 23%. The statistics show a range of decline of 23-44%! (United States Department of Justice, Federal Bureau of Investigation 1990, 2000. Uniform Crime Report. Washington, D.C.) The evidence indicates that the benefit of declining crime rates are concentrated on specific groups with...
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.
The U.S. Department of Labor (2011) reported the national average of unemployment for 2008 was 5.8 percent. The rate dramatically increased in 2009 with an average of 9.3 percent and 9.6 percent for 2010. While unemployment rates have increased, the FBI’s preliminary reports for 2010 show that law enforcement agencies across the U.S. have reported a decrease of 6.2 percent in the number of violent crimes for the first 6 months of 2010 when compared to figures reported for the same time in 2009. The violent crime category includes rape, murder, robbery, and aggravated result. The number of property crimes also decreased 2.8 percent when compared to the same time last year. Property crimes include burglary, larceny-theft, and motor vehicle theft. Arson decreased 14.6 percent when compared to the same time periods of 2009 (FBI, 2011).