NCJ Number
56431
Journal
Contemporary Crises Volume: 2 Issue: 3 Dated: (JULY 1978) Pages: 315-334
Date Published
1978
Length
20 pages
Annotation
THE VIEW IS EXPRESSED THAT INCREASING THE FORCE OF CRIMINAL JUSTICE AND GENERATING RESISTANCE TO THE POLICE WILL PROMOTE CRIME, BUT A REDUCTION IN GOVERNMENTAL INTERVENTION SHOULD REDUCE CRIME LEVELS.
Abstract
CRIMINAL JUSTICE SYSTEMS WHICH RELY ON THE RULE OF LAW WILL FAIL IF THEIR DETERRENT PUNISHMENT IS NOT SWIFT, SURE, AND SEVERE. THESE THREE ELEMENTS, HOWEVER, ARE USUALLY MUTUALLY EXCLUSIVE. IF CRIMINAL JUSTICE WORKERS ARE COMPELLED TO APPLY THE LAW MORE SWIFTLY, THERE WILL BE LESS ROOM FOR ERROR IN THEIR APPLICATION OF THE LAW. WHILE MORE SEVERE SANCTIONS WILL REQUIRE A GREATER COMPLEXITY OF REVIEW, AND THEREFORE MORE DELAY, THE VIEW IS EXPRESSED THAT REDUCTION OF PENALTIES WOULD MAKE ARREST AND PROSECUTION SURER. THE MODIFICATION OF THE NEBRASKA DRUG LAWS IS CITED TO SUPPORT THIS POSITION. STUDIES WHICH INITIALLY REPORTED THAT CRIME RATES FELL IN PROPORTION TO INCREASING SEVERITY OF PUNISHMENTS, ACTUALLY WERE REPORTING A DECLINE IN THE OFFICIAL REPORTS OF CRIMES WHILE OFFENSES WITHIN THE COMMUNITIES WERE RISING. SOCIETY AS A WHOLE, AND SPECIFICALLY THE POLICE, WILL ABANDON THE USE OF FORCE IF THEY CAN MANAGE THEIR OWN PURSUITS, AND ARE GIVEN DUE RESPECT AND DIGNITY. IF CRIMINAL JUSTICE WORKERS ARE GIVEN BETTER TREATMENT, THERE WILL BE LESS CONFLICT, AND THE CRIME SITUATION WILL BECOME LESS SERIOUS. IF AMERICANS ARE TO MAKE PROGRESS TOWARDS CRIME CONTROL, THEY MUST REDUCE THEIR PERSONAL DISTRUSTS AND THE COMMUNITY SHOULD BE ENCOURAGED TO ACT ON ITS OWN INITIATIVE, AND NOT TO RELY ON GOVERNMENT INTERVENTION. REFERENCES AND REVIEW COMMENTS ARE PROVIDED. (TWK)