A Criminologist’s Diary-9

Small causes and small claims courts

There is a body Fitness Center for The LINKS at RAINBOW CURVE and the residents can make use of it. It is a well-equipped Center and I used to go there every day exactly at 3 0'clock and return by 4 o'clock tire. Mary is ready with a hot coffee which I enjoyed with pleasure. There is a programme by the CBS television channel and it is all about Small Cause's or Small Claims cases. Judge JOE BROWN and Judge JUDY are there to decide the cases. Being a criminologist and an Advocate by profession, I used to attend keenly the proceedings in the Court and study the quality of the decisions. To quote from the Facebook.com about the Court:"…justice is served daily on the dynamic, tough-talking, no-holds-barred Judge…The Judge adjudicates real cases between real litigants from all across the nation. Litigants are bound by the Judge's insightful rulings and inspired by his mandates to take responsibility for their actions. He shows the litigants unique ways in which they can deal with their mistakes and forces wrong doers to reflect on the consequences of their behavior"

The Court room proceedings is a spectacular reality telecasted by, as said earlier, the CBS television. Judge Joe Brown and Judge Judy deserve special mention. The small claims cases are decided judiciously and legally. The small cause's cases are finalized. Usually, they relate to small contract violations, car damages, rent problems, dog issues, loan repayment etc. It is interesting to see how the Judges decide the cases just by questioning the litigants and by evaluating the evidence produced by the plaintiff and the defendant. There is no lawyer to complicate the issues. The Judge is, as I understand, the Prosecutor, Defence counsel and the decision maker.

When I watch the reality proceedings in the Court, my mind is in Kerala and the petition inquiry by police. The police claim that it is a method of instant justice delivery without any expenditure. But the oft heard allegation against the system is that the instant justice delivery system with little or no expenditure has become cheap owing to several reasons. First of all, the police have no legal power or authority to conduct petition inquiry and adjudicate on the matter. Secondly, a lot of time is spent on petition inquiry so much so that the more important duties of police are conveniently neglected or overlooked. Thirdly, the quality of the decisions becomes a matter of dispute often. Fourthly, the police officials become, as the allegation goes, susceptible to temptations and the politicians cash on their susceptibility. Fifthly, the police, it is said, misuse their power and abuse their authority even to the extent of coercing people by the use of third degree methods and thus the petition inquiry by police has become a curse for many more than a blessing or an instrument of instant justice delivery at no expenses. Of course, the police department claims that the use(abuse?) of their "GOOD OFFICES" in settling small causes or deciding on small claim cases pays rich dividend. I doubt very much as my studies do not give me evidence to endorse their unsubstantiated claims. The police decisions without legal sanctity and power become no decisions at all for those who want to ignore them. They are enforced on the 'enforceable' only.

My suggestion is 'WHY can't we introduce the American Court System to adjudicate on small causes or to settle small claims cases?