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Consent Decree

Consent Decrees: A Comprehensive Guide

Meaning of Consent Decree

A consent decree is an agreement that resolves a dispute between two parties without admission of guilt (criminal case) or liability (civil case). It's a formal agreement made on the record, ending the dispute without any party admitting fault.

Also known as a consent order, a consent decree is made by a judge with the consent of all parties. It's not a judgment but rather a settlement.

Purpose of Consent Decrees

Consent decrees create and enforce a roadmap for changes within a state or local governmental agency where the Justice Department has identified a pattern or practice of discrimination. They can be thought of as legally binding performance improvement plans.

Process of Consent Decrees

Consent decrees are court-enforced settlements agreed to by all parties involved. The process typically involves the following steps:

  1. Investigation by the Justice Department
  2. Negotiation between the parties
  3. Approval by the court
  4. Monitoring and enforcement

Benefits of Consent Decrees

Consent decrees offer several benefits, including:

  • Resolution of disputes without protracted litigation
  • Avoidance of costly trials
  • Enforcement of specific remedies to address the underlying issues

Examples of Consent Decrees

Some notable examples of consent decrees include:

  • United States v. City of Cleveland (1979)
  • United States v. State of Alabama (1982)
  • United States v. Flint Board of Education (2017)

Conclusion

Consent decrees are a valuable tool for resolving disputes, particularly in cases involving allegations of discrimination. They provide a structured and enforceable framework for addressing systemic issues and promoting meaningful change.

For further information, refer to the following resources:


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