NCJ Number
40739
Date Published
1977
Length
188 pages
Annotation
CRIMINAL JUSTICE HAS EMERGED AS A PRINCIPLE FEATURE OF MODERN, ADVANCED CAPITALIST SOCIETY.
Abstract
WHEN SOCIETY CANNOT SOLVE THE SOCIAL PROBLEMS OF ITS OWN CREATION, POLICIES FOR THE CONTROL OF THE POPULATION MUST BE DEVISED AND IMPLEMENTED. THE CONTRADICTION OF CRIMINAL JUSTICE TODAY IS THAT THE STATE MUST PROVIDE A FRAMEWORK FOR CONTINUING CAPITALIST ACCUMULATION AND AT THE SAME TIME PERFORM LEGITIMATION FUNCTIONS FOR THE EXISTING ORDER, AND THE STATE INCREASINGLY FINDS IT DIFFICULT TO PROVIDE THE RESOURCES FOR THESE SERVICES. WHILE THERE IS A GROWING SURPLUS POPULATION PRODUCED BY THE POLITICAL ECONOMY OF ADVANCED CAPITALISM, A POPULATION THAT MUST BE SERVICED AND CONTROLLED, THE FINANCIAL RESOURCES INCREASINGLY BECOME LIMITED. THE CRIMINAL JUSTICE POLICIES OF RECENT YEARS MUST BE SEEN IN THE CONTEXT OF THIS CONTRADICTION. CRIMINAL JUSTICE HAS TRADITIONALLY BEEN ONE PART OF THE POLICIES OF THE WELFARE STATE. AS THE LIBERAL WELFARE STATE FAILS TO SOLVE ITS OWN CONTRADICTIONS, ITS DEMISE BECOMES IMMINENT, AND CRIMINAL JUSTICE TAKES ON NEW FORMS. THAT A NEW MODEL OF CRIMINAL JUSTICE - ONE BASED EXPLICITLY ON PUNISHMENT - HAS EMERGED IS A REFLECTION OF THE ECONOMIC AND POLITICAL CRISIS OF LATE, ADVANCED CAPITALISM. THIS TAKES ON FURTHER MEANING AS THE CLASS STRUGGLE IS HEIGHTENED AND INCREASINGLY POLITICIZED IN THE COURSE OF THESE DEVELOPMENTS. THE FUTURE OF CRIMINAL JUSTICE WILL BE DETERMINED BY CHANGES IN THE OBJECTIVE CONDITIONS OF THE LAST STAGES OF CAPITALISM AND BY THE RISING POLITICAL CONSCIOUSNESS OF THE WORKING CLASS, ESPECIALLY BY THAT EXPANDING PORTION OF THE WORKING CLASS NOW BEING RELEGATED TO A SURPLUS POPULATION. IN THE TRANSITION FROM LATE CAPITALISM TO EARLY SOCIALISM, POPULAR FORMS OF ACTION - BEYOND STATE-SPONSORED PROGRAMS - ARE EMERGING. POPULAR JUSTICE IS THE IMMEDIATE ALTERNATIVE TO CRIMINAL JUSTICE. WHAT FORMS WILL DEVELOP IN THE FUTURE WILL BECOME EVIDENT ONLY AS WE MOVE TO A SOCIALIST SOCIETY. TO UNDERSTAND CRIMINAL JUSTICE IS TO JOIN IN THE STRUGGLE FOR A NEW SOCIETY. (AUTHOR ABSTRACT)...ELW