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A Dark State Of Criminal Affairs: ADR Can Restore Justice To The Criminal “Justice” System

Levinen, Adina
June 4, 2015

Source: (2003) Hamline Journal of Public Law and Policy. 24:369.

Adina Levinen begins this paper from the position that the criminal justice system has lost its crucial quality – justice – because the system in effect discriminates against people of color. In view of this, alternative dispute resolution (ADR) offers solutions for restoring justice to the criminal justice system. The legal community has accepted ADR in the civil arena, yet in general ADR has not been statutorily established in the criminal process. Levinen advocates for ADR in the criminal system because it can provide a cure for the racial bias of the system by changing the very structure of criminal justice. Toward this end, she explores problems of the American criminal adjudication process, origins of the racial bias of the criminal justice system, and the potential use of mediation and arbitration in the criminal adjudication process.


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