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Alternative to Criminal Justice - A Natural Disaster Approach to Crime

NCJ Number
80113
Author(s)
C H S Jayewardene; C K Talbot
Date Published
1981
Length
23 pages
Annotation
This Canadian paper reviews several approaches to reform in the criminal justice system and then proposes an alternative crime control theory which focuses on physical deterrence and victim compensation.
Abstract
Considerable dissatisfaction with and criticism of the extant criminal justice exists today. This clamor for change has resulted in many corrective programs, but none have challenged the basic assumptions underlying the present system or altered its structure. At least five distinct movements can be identified, beginning with police reform which tries to return police to their original goal of peace keeping by emphasizing crime prevention and public relations instead of detection and investigation. The second movement, the demand for bureaucratic accountability, is evidenced in programs such as the LEAA-sponsored Pilot Cities Projects which involve large-scale centralized planning, needs assessment, and constant monitoring. In addition, the correction movement of diversion has tried to prevent the indiscriminate subjection of innocuous offenders to a process designed for dangerous criminals. Community corrections represents another aspect of this trend. Finally, dissatisfaction with the rehabilitative model has produced efforts to retrack the system, such as flat time sentencing and career criminal prosecution projects. These movements to make the criminal justice system more effective reflect a belief that its inefficiency can be attributed to poor equipment and inadequate training or motivation of employees. As the State assumed increasing responsibility for criminal justice, it shifted the focus from victims to offenders and lost public cooperation and interest. Furthermore, problems facing law enforcement agencies and society are being exacerbated by population increases and decreases in natural resources. Man is harmed by natural disasters as well as crime, but tries to predict their occurrence, minimize the damage, and compensate the victim. This approach, which accepts crime as a natural concomitant of living because human nature is unlikely to change, would require victims to take adequate precautionary measures, including physical security methods. Victim compensation would be a major element, possible under an insurance scheme paid out of taxes but supported by government safety regulations to which conformation is required. In this conceptualization, the law enforcers would be the physical guardians of society rather than controllers of people. The paper contains 43 references.