NCJ Number
61961
Journal
Justice System Journal Volume: 5 Issue: 1 Dated: (FALL 1979) Pages: 79-87
Date Published
1979
Length
9 pages
Annotation
RESEARCH ON THE CRIMINAL JUSTICE SYSTEM AND RELATED REFORM EFFORTS IS CRITICALLY REVIEWED IN THIS ESSAY.
Abstract
MOST RESEARCH ON THE POLICE, PROSECUTION AND DEFENSE, CRIMINAL COURTS, AND CORRECTIONS LENDS SUPPORT TO ONE OR BOTH OF TWO FUNDAMENTAL PROPOSITIONS: (1) THERE IS A LARGE GAP BETWEEN WRITTEN LEGAL NORMS THAT PRESUMABLY DEFINE THE OPERATION OF THE CRIMINAL JUSTICE SYSTEM AND WHAT ACTUALLY HAPPENS IN THE DAILY ADMINISTRATION OF CRIMINAL LAW; AND (2) CRIMINAL JUSTICE IN THE UNITED STATES IS BASED ON ECONOMIC STATUS. THE GOAL OF ONE TEXT ON THE CRIMINAL JUSTICE PROCESS, EDITED BY SANDERS AND DAUDISTEL, IS TO HELP INDIVIDUALS UNDERSTAND CRIMINAL JUSTICE IN THE SAME WAY SOCIOLOGISTS UNDERSTAND ANY OTHER SOCIAL PROCESS. THE TEXT EMPHASIZES THAT UNDERSTANDING LAW IN ACTION IS NOT A SIMPLE MATTER OF READING STATUTES. ONLY BY EXAMINING SITUATIONS WHERE LAW IS INTERPRETED ON A ROUTINE BASIS CAN PERSONS RECOGNIZE WHAT THE CRIMINAL JUSTICE PROCESS REALLY IS AS OPPOSED TO HOW IT IS INTENDED TO FUNCTION. ANOTHER BOOK RESEARCHED BY A POLITICAL SCIENTIST (COLE), ASSERTS THAT CRIMINAL JUSTICE IS ALLOCATED IN WAYS REFLECTING VALUES OF INDIVIDUALS AND GROUPS HOLDING POWER IN THE POLITICAL SYSTEM. THIS POLITICAL PERSPECTIVE IS AMPLIFIED BY EMPHASIS ON SOCIAL-PSYCHOLOGICAL DYNAMICS OF CRIMINAL JUSTICE ORGANIZATIONS. RESEARCH OF A SOCIOLOGIST (CHAMBLISS) CONCEIVES OF POLITICS IN CRIMINAL JUSTICE IN TERMS OF CLASS CONFLICT AND STRESSES THE CLASS-BASED NATURE OF CRIMINAL JUSTICE. QUINNEY ALSO EMPHASIZES CLASS IN CRIMINAL JUSTICE. HE VIEWS LAW AS SIMPLY A TOOL OF THE RULING CLASS; CRIMINAL LAW IS A DEVICE MADE AND USED BY THE RULING CLASS TO PRESERVE ORDER. QUINNEY IS EXPLICITLY MARXIST IN PERSPECTIVE, AND HE SUGGESTS THAT STUDENTS CONSIDER RADICAL ALTERNATIVES TO THE EXISTING CRIMINAL JUSTICE SYSTEM AND STUDY THE SYSTEM IN ORDER TO EXPOSE ITS CONTRADITIONS. QUINNEY IS THE ONLY RESEARCHER TO ADDRESS THE QUESTION OF REFORM DIRECTLY. ACCORDING TO HIM, NO MEANINGFUL CHANGE CAN OCCUR WITHOUT SOCIALIST REVOLUTION. WORK OF THE OTHER RESEARCHERS INFERS THAT CHANGE WILL BE DIFFICULT AT BEST WITHIN LIMITS OF THE EXISTING SOCIOECONOMIC SYSTEM. THE ADMINISTRATION OF CRIMINAL JUSTICE WILL REMAIN CLASS-BASED AS LONG AS FUNDAMENTAL SOCIAL, ECONOMIC, AND POLITICAL INEQUITIES PREVAIL IN SOCIETY. REFORM SHOULD BE AIMED AT SOMEHOW PROVIDING THE POOR WITH THE CAPABILITY TO OPERATE EFFECTIVELY IN AN ONGOING SYSTEM OF EXCHANGE BETWEEN THE CRIMINAL JUSTICE SYSTEM AND SOCIETY. FOOTNOTES ARE INCLUDED. (DEP)