NCJ Number
45888
Date Published
1978
Length
273 pages
Annotation
WRITTEN BY A JUSTICE OF THE COURT OF APPEAL IN LOS ANGELES, THIS BOOK IS AN ANALYSIS OF CRIME AND THE PURPOSES AND METHODS OF CRIMINAL LAW.
Abstract
THE AUTHOR DEVELOPS A THEORY OF CRIMINAL LAW BASED ON A DEFINITION OF CRIME AS A USURPTION BY ONE PERSON OF ANOTHER'S RIGHTS TO THE SECURITY OF LIFE, LIBERTY, PROPERTY, AND PERSON. HE DISTINGUISHES THESE AS 'TRUE' CRIMES (E.G., MURDER, RAPE, GRAND THEFT, ROBBERY, AGGRAVATED ASSAULT, AND BURGLARY) AND URGES THAT THE BASIC FUNCTION OF CRIMINAL LAW IS TO PROTECT THE CITIZENRY FROM THESE 'TRUE' CRIMES AND RESTRAIN THOSE WHO COMMIT THEM. THE CRIMINAL JUSTICE SYSTEM TRIES TO ACHIEVE THESE ENDS THROUGH TRIAL, CONVICTION, AND THE IMPOSITION OF SANCTIONS OR PUNISHMENT. HOWEVER, THE AUTHOR ARGUES THAT THE PRESENT SYSTEM OF CRIMINAL LAW FAILS TO ACHIEVE THIS GOAL OF PROTECTION AND RESTRAINT AND SUGGESTS SPECIFIC IMPROVEMENTS DESIGNED TO DEAL WITH THIS FAILURE. THE CRIMINAL JUSTICE SYSTEM SHOULD TREAT ONLY TRUE CRIMES, WHILE A SEPARATE SYSTEM OF PUBLIC OFFENSE LAW SHOULD BE INSTITUTED TO DEAL WITH OFFENSES AS GAMBLING, PROSTITUTION, AND OTHER VICTIMLESS CRIMES. AS A TRUE CRIME DETERRENT, A GREATLY REDUCED SET OF SANCTIONS APPLIED UNIFORMLY AND SWIFTLY IS PROPOSED. IN ADDITION, THE COURTS THEMSELVES SHOULD CONTINUE TO SUPERVISE THE CRIMINAL AFTER CONVICTION. THE BOOK IS DIVIDED INTO TWO PARTS, ONE DEALING WITH CRIME, ITS CAUSES, AND THE PURPOSE AND ENDS OF CRIMINAL LAW, AND THE OTHER DEALING WITH THE THEORY AND PRACTICE OF CRIMINAL LAW AS PROTECTION. AN APPENDIX CONTAINS EXAMPLES OF TRUE CRIME. REFERENCE NOTES AND AN INDEX ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--KBL)