Criminal Defense Lawyers

The Benefits of Alternative Resolutions vs. Criminal Trials in NYC

New York City’s criminal justice system is overburdened. With over 300,000 arrests each year, the courts are filled to capacity^[1]. This leads to long wait times before criminal cases go to trial. Defendants can spend months or even years in jail awaiting their day in court.

While the right to a speedy trial is guaranteed by the Sixth Amendment, the realities of NYC’s criminal justice system make this difficult. The courts, jails, prosecutors and public defenders offices are stretched thin. As a result, many defendants plead guilty just to get out of jail faster, even if they are innocent.

There is a better way. Alternative dispute resolution (ADR) offers faster and more satisfying resolutions compared to criminal trials. ADR includes options like mediation, arbitration, restorative justice conferences, and more. These alternatives can provide real justice while saving time and money for all involved.

The Flaws of NYC’s Criminal Justice System

NYC’s criminal courts have over 400,000 filings per year, one of the highest caseloads in the country. With only 300 judges to handle these cases, each judge averages over 1,300 cases annually. This crushing workload leads to delays at every stage.

Arrestees typically wait 24-48 hours in jail before seeing a judge for arraignment. Those who can’t afford bail often remain in jail for months awaiting trial. Jail populations are bursting as a result. In 2019, over 5,400 people were detained in NYC jails for more than a year without conviction.

Most defendants eventually plead guilty. Trials are exceedingly rare, occurring in less than 3% of cases. Public defenders encourage guilty pleas because they are overwhelmed. Prosecutors do too, to close cases faster.

This pressure leads even innocent people to plead guilty. Better options are needed.

Benefits of Alternative Resolutions

Alternative dispute resolution offers faster and more satisfying ways to resolve criminal cases compared to traditional trials.

Speed

With ADR, cases can be resolved in days or weeks rather than months or years. Defendants get out of jail faster and back to their lives. Victims get closure faster too.

Mediation lets parties negotiate directly with help from a neutral mediator. Over 80% of cases settle within 8 hours of mediation. Arbitration and restorative justice conferences also work faster than court.

Cost Savings

ADR saves money for courts, jails, prosecutors, and public defenders by resolving cases quicker. NYC spends over $100,000 per year to detain each person awaiting trial. ADR gets people out of jail sooner, reducing these massive costs.

ADR also reduces court resources needed per case, saving judge, clerk and attorney time. Settlements avoid lengthy trials and appeals. Taxpayer dollars can be reallocated to help more people.

Satisfaction

Participants often prefer ADR processes over traditional trials. With ADR, parties play an active role in shaping settlements rather than passively waiting for a ruling.

Defendants appreciate the chance to tell their side of the story directly to victims and negotiate restitution. Victims appreciate the chance to be heard and get answers from the accused. Mediated agreements have over 80% satisfaction rates.

Better Outcomes

Creative solutions are possible with ADR that courts cannot order. For example, defendants can agree to drug treatment, community service, or public apologies. Victims get more of a say in outcomes.

Restorative justice focuses on rehabilitating offenders through reconciliation with victims. Studies show it reduces recidivism more than incarceration alone. ADR delivers real justice.

ADR Options for NYC

Many forms of alternative dispute resolution could work in NYC’s criminal courts. Some top options include:

Victim-Offender Mediation

Mediation lets victims meet offenders face-to-face to discuss the crime and its impacts. With help from a mediator, they can negotiate restitution plans or other agreements. Over 95% of participants are satisfied with the process.

Community Conferencing

These conferences include supporters from both sides, along with community members. The group discusses how to resolve matters and heal the community after the crime. Agreements may involve counseling, volunteer work, education programs and more for the offender.

Arbitration

Here, a neutral arbitrator hears both sides present evidence then issues a binding decision. Arbitration is less formal than court and resolves cases quicker. Parties have more control over choosing their arbitrator.

Pretrial Diversion Programs

Prosecutors can agree to defer prosecution if the defendant completes rehab, community service, restitution, or other programs. This gives offenders a chance to earn dismissal of charges.

Addressing Concerns with ADR

Some people worry alternative resolutions are unfair compared to criminal trials. However, safeguards can make ADR work well.

Rights Protection

ADR programs must protect defendant rights and ensure due process. Defense counsel should approve ADR agreements. Prosecutors must prove guilt beyond reasonable doubt before negotiating punishment.

Judges can review ADR outcomes to ensure fairness. ADR participation can remain voluntary, though incentives like reduced charges may be offered.

Qualified Neutrals

Mediators and arbitrators must undergo extensive training to facilitate fair processes. Programs need oversight to ensure neutrality. Video recording sessions can also enhance transparency.

Victim Safeguards

Victims should never feel pressured to participate in ADR. Proper screening must determine if face-to-face meetings with offenders would be safe or traumatic. Video conferences can allow participation without physical contact.