NCJ Number
66448
Journal
Villanova Law Review Volume: 24 Issue: 4 Dated: (MAY 1979) Pages: 690-705
Date Published
1979
Length
16 pages
Annotation
THIS REPRINT OF A LECTURE GIVEN IN 1979 TRACES THE HISTORY OF CRIME, PUNISHMENT, AND RESPONSIBILITY AND DRAWS CONCLUSIONS FOR MODERN TIMES.
Abstract
PRIMITIVE LEGAL SYSTEMS MAINTAINED STRICT LIABILITY FOR CRIME IN THAT IF INDIVIDUALS CAUSED HARM, THEY WERE HELD ACCOUNTABLE REGARDLESS OF THEIR INTENTIONS. THE DEVELOPMENT OF 'MENS REA' IN THE EARLY 1800'S MATCHED PUNISHMENT TO INTENT OF HARM AND WAS AN EARLY THEORY OF ACCOUNTABILITY. BUT IN THE MID 1800'S, COURTS IN THE UNITED STATES AND ENGLAND INTRODUCED A DOCTRINE OF STRICT LIABILITY WHICH IMPOSED CRIMINAL LIABILITY EVEN IF ALL REASONABLE STEPS TO CONFORM TO LAW WERE TAKEN. RECENTLY, THE TREND IS TO LIABILITY BASED ON NEGLIGENCE. HOWEVER, INTRODUCING A CRIME AS AN OFFENSE OF NEGLIGENCE DOES NOT REMOVE THE PRESENCE OF THE OFFENSE. MUCH OF THE CONDUCT THAT IS PRESENTLY CRIMINAL, SUCH AS GAMBLING, PROSTITUTION, AND DRUG ABUSE, CANNOT BE ABOLISHED BY CRIMINAL LAW. MOREOVER, PRIORITIES MUST BE SET REGARDING THE USE OF POLICE POWER. CRIME MUST BE RECOGNIZED AS A PROBLEM OF THE COMMUNITY, NOT THE POLICE. BECAUSE IMPRISONMENT HAS FAILED AS A MEANS OF REFORMING OFFENDERS AND OF DETERRING OTHERS, STEPS SHOULD BE TAKEN TO ELIMINATE IMPRISONMENT FOR OFFENSES DIRECTED ONLY AGAINST PROPERTY, AND PRISON SENTENCES SHOULD BE SHORTER. EFFORTS MUST BE TAKEN TO ASSURE REHABILITATION, SUCH AS THE REMOVAL OF A CRIMINAL RECORD AND THE RESTORATION OF VOTING RIGHTS AND OTHER PRIVILEGES. CONCERN FOR THE VICTIM SHOULD BE EXPRESSED IN MONETARY COMPENSATION SCHEMES. FOOTNOTES ARE INCLUDED. (TAG)