CHANGE AND STABILITY IN CRIMINAL JUSTICE (FROM CRIMINOLOGY - NEW CONCERNS, 1979, BY EDWARD SAGARIN SEE NCJ-59332)

• NCJ Number: 59333
• Author(s): M E WOLFGANG
• Date Published: 1979
• Length: 12 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: AN EARLIER VERSION OF THIS PAPER PRESENTED AS A COMMENCEMENT ADDRESS AT NORTHEASTERN UNIVERSITY, BOSTON, MASSACHUSETTS, JUNE 17, 1978

Annotation

THE TRANSFORMATION OF THE CRIMINAL JUSTICE RESEARCH PROFESSION INTO A POLICYMAKING POSITION IS EXPLORED ALONG WITH A REVIEW OF SOME OF THE MAJOR REVISIONS OF CRIMINAL JUSTICE THEORY WHICH HAVE OCCURED.

Abstract

THE PROFESSION HAS MOVED FROM THE DESCRIPTION WITHOUT PRESCRIPTION APPROACH OF WILLIAM GRAHAM SUMMER TO THE DEVELOPMENT AND ADVOCATING OF SOCIAL POLICIES APPROACH OF LESTER WARD. THIS POSITION OF ADVOCACY WAS SHOWN IN THE WORK OF THE NATIONAL COMMISSION ON THE CAUSES AND PREVENTION OF VIOLENCE WHICH NOT ONLY PRESENTED THE BEST AVAILABLE SCIENTIFIC EVIDENCE ABOUT THE CONDITIONS OF VIOLENCE BUT ALSO RECOMMENDED BROAD AND SPECIFIC SOCIAL CHANGES TO REDUCE VIOLENCE. SIGNIFICANT CHANGES IN CRIMINAL JUSTICE PHILOSOPHY HAVE RESULTED FROM STUDIES ON THE ETHICAL AND EMPIRICAL REALITIES OF CRIME AND PUNISHMENT. SERIOUS ETHICAL ISSUES CONCERNING THE DISPARITIES EXISTING IN JUDICAL SENTENCING, IN SUCH AREAS AS THE INEQUITIES OF INDETERMINATE SENTENCING, WERE RAISED IN 'STRUGGLE FOR JUSTICE' (1971). CONTEMPORANEOUS WITH THIS INCREASED ETHICAL AWARENESS WAS THE EMERGENCE OF EMPIRICAL EVIDENCE WHICH RAISED SERIOUS QUESTIONS ABOUT THE VALIDITY OF THE MEDICAL MODEL IN CRIMINAL JUSTICE. THERE HAS BEEN A SHIFT IN THE MAJOR PREMISE OF THE CORRECTIONAL SYSTEM FROM TREATMENT TO PUNISHMENT, AND MOVEMENT TO ENSURE THAT THE PUNISHMENT FITS THE CRIME HAS COME TO BE KNOWN AS THE 'JUST DESERT' APPROACH. THERE HAS ALSO BEEN A MOVEMENT AWAY FROM RESEARCH INTO WHETHER CERTAIN PEOPLE WILL BE DANGEROUS IN THE FUTURE TO AN EMPHASIS ON USING THE PRINCIPLE OF RETRIBUTION TO PUNISH CRIMINAL ACTIONS. EFFORTS ARE ALSO BEING CARRIED OUT TO CHANGE FROM INDETERMINATE TO DETERMINATE SENTENCING MODELS. IN ADDITION, INCREASING RECOGNITION IS BEING GIVEN TO THE POSITION THAT CORRECTIONAL TREATMENT PROGRAMS SHOULD BE VOLUNTARY RATHER THAN COERCIVE FOR THE PARTICIPANTS. ALONG WITH THIS TREND THERE HAS BEEN A COMPLEMENTARY HAS BEEN A COMPLEMENTARY MOVEMENT AWAY FROM FORCING 'REMEDIES' UPON CRIMINALS TO ENSURING THAT CRIMINALS ARE ACCORDED CERTAIN BASIC RIGHTS. RATHER THAN SEEKING THE CAUSES OF CRIME, THE PROFESSION IS CONCENTRATING ON IDENTIFYING THE CORRELATES AND DETERMINANTS OF CRIME. ALTHOUGH THE EMPHASIS STILL REMAINS THE STUDYING OF THE SOCIAL ENVIRONMENTAL FACTORS, IMPORTANT NEW WORK IS BEING DONE ON MEDICAL FACTORS. THROUGHOUT THESE CHANGES THE PROFESSION HAS REMAINED COMMITTED TO THE SCIENTIFIC METHOD AND RESPECT FOR THE DIGNITY OF INDIVIDUALS.