NCJ Number
48060
Date Published
1977
Length
118 pages
Annotation
THE ADVANTAGES AND DISADVANTAGES OF DECRIMINALIZING AND SUBSTITUTING CIVIL ADMINISTRATIVE PROCESS ENFORCEMENT SYSTEMS FOR MINOR CATEGORIES OF CRIMINAL CONDUCT ARE CONSIDERED.
Abstract
OF THE MOST COMMON DECRIMINALIZATION PROPOSALS -- NO GOVERNMENT INTERVENTION, CIVIL INTERVENTION THROUGH REGULATORY OR SOCIAL SERVICE AGENCIES, AND THE USE OF A NONCRIMINAL ENFORCEMENT-SANCTION SYSTEM -- THIS REPORT FOCUSES ON THE THIRD CATEGORY AND DISCUSSES THE IMPLEMENTATIONS OF DECRIMINALIZING AND SUBSTITUTING A CIVIL ENFORCEMENT SYSTEM. SOCIETAL AMBIVALENCE TOWARD SPECIFIC FORMS OF DEVIANCE IS NOT THE RATIONALE FOR ADOPTING SUCH A CIVIL PROCESS. RATHER, A CIVIL ADMINISTRATIVE PROCESS WOULD BE EMPLOYED BECASUE OF THE INEFFICIENCIES OF THE CRIMINAL PROCESS IN DEALING WITH CERTAIN TYPES OF PROHIBITED CONDUCT. THROUGH THE INTRODUCTION OF SUCH REFORM, IT IS BELIEVED THAT THE CASELOAD BURDEN OF COURTS WOULD BE RELIEVED, ALONG WITH COURTS COSTS, WITHOUT SACRIFICING SANCTIONS APPROPRIATE FOR PROHIBITED BEHAVIOR. OFFENSES THAT WOULD BE DEALT WITH BY THE ADMINISTRATIVE PROCESS ARE AMONG THE ALREADY CONTROVERSIAL MINOR, FRINGE CATEGORIES OF CRIMINAL CONDUCT. THE LOSS OF THE DUE PROCESS CONSTITUTIONAL PARAMETERS THAT APPLY TO THE CRIMINAL ADJUDICATION PROCESS IS NOT CONSIDERED A SERIOUS OBJECTION SINCE SANCTIONS WOULD BE RELATIVELY LENIENT FOR THESE CIVILLY ADJUDICATED OFFENSES. WHILE NO TEST CASE HAS YET BEEN BROUGHT BEFORE THE U.S. SUPREME COURT, IT IS PREDICTED THAT THE COURT WOULD ACT FAVORABLY TOWARD THE REFORM. CHANGES WHICH WOULD BE REQUIRED IN THE COMPONENTS OF THE ENFORCEMENT PROCESS ARE EXAMINED REGARDING ADJUDICATION, PROSECUTION, POLICE, SANCTIONS, THE REVIEW PROCESS, AND PROSECUTORIAL DIVERSION. OFFENSES UNDER CONSIDERATION FOR CONVERSION FROM CRIMINAL PROCESSING TO THE CIVIL ADMINISTRATIVE APPROACH INCLUDE HOUSING CODE VIOLATIONS, TRAFFIC VIOLATIONS, NONSUPPORT CHANGES, MARIHUANA USE, PUBLIC DRUNKENNESS, PROSTITUTION, AND STRICT LIABILITY OFFENSES. EACH OF THESE OFFENSE AREAS IS DISCUSSED IN TERMS OF HOW THE ADMINISTRATIVE PROCESS MIGHT BE EMPLOYED. GENERAL PROPOSITIONS AND CONCLUSIONS REGARDING SYSTEM IMPLEMENTATION ARE PRESENTED. (RCB)