CRIMINAL JUSTICE NONSYSTEM (FROM CRIME AND THE CRIMINAL JUSTICE PROCESS, 1978, BY JAMES A INCIARDI AND KENNETH C HAAS - SEE NCJ-53277)

• NCJ Number: 53283
• Author(s): A W COHN
• Date Published: 1978
• Length: 9 pages
• Corporate Author: Kendall/ Hunt Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. PAPER ORIGINALLY APPEARED IN FEDERAL PROBATION, JUNE 1974, P 32-37, UNDER THE TITLE 'TRAINING IN THE CRIMINAL JUSTICE NONSYSTEM'

Annotation

THE QUESTION OF WHETHER A CRIMINAL JUSTICE SYSTEM AS SUCH EXISTS, IS ATTAINABLE, OR IS EVEN DESIRABLE IS ADDRESSED.

Abstract

THE ASSERTION THAT THERE EXISTS A UNIFIED SYSTEM OF SOCIAL CONTROL THAT HAS EVOLVED GRADUALLY THROUGH A PROCESS OF RATIONAL ENLIGHTENMENT HAS BEEN CHALLENGED BY THOSE WHO CONCLUDE FROM THE LITERATURE ON PENOLOGY THAT NO SUCH EVOLUTIONARY PROCESS HAS TAKEN PLACE. MANY CHARGE THAT THERE IS NO CRIMINAL JUSTICE SYSTEM, BUT RATHER AN ARRAY (OR DISARRAY) OF SERVICES AND AGENCIES THAT ACTUALLY CONSTITUTE A NONSYSTEM. THE DISCUSSION OF WHETHER CRIMINAL JUSTICE AGENCIES ARE A SYSTEM IS MORE THAN AN ACADEMIC EXERCISE. THE NOTION OF A SYSTEM HAS TO DO WITH INTERRELATIONSHIPS AND GOALS. WITHOUT AN UNDERSTANDING OF HOW INDIVIDUALS AND ORGANIZATIONS RELATE TO EACH OTHER AND WITHOUT AN UNDERSTANDING OF THE SIGNIFICANCE OF GOALS, IT IS IMPOSSIBLE TO UNDERSTAND THE ADMINISTRATION OF CRIMINAL JUSTICE AND ITS MYRIAD PROBLEMS, CONFLICTS, ISSUES, AND SERVICES. IT MAY BE THAT THE SO-CALLED CRIMINAL JUSTICE SYSTEM HAS FAILED TO UNDERSTAND AND CONTROL CRIME IN PART BECAUSE IT SIMPLY IS NOT A SYSTEM. THERE ARE DANGERS INHERENT IN CREATING A TRUE SYSTEM OF CRIMINAL JUSTICE ADMINISTRATION, INCLUDING THE POSSIBILITY THAT THE CHECKS AND BALANCES AVAILABLE IN THE EXISTING NONSYSTEM WOULD DIMINISH TO THE DETRIMENT OF DEMOCRACY IN GENERAL AND INDIVIDUAL LIBERTY IN PARTICULAR. SPECIAL EFFORTS WOULD BE REQUIRED TO GUARD AGAINST THE CREATION OF A TOTALITARIAN ORGANIZATIONAL STATE. DESPITE THE INHERENT DANGERS, SYSTEMATIZING THE NETWORK OF CRIMINAL JUSTICE SERVICES PROBABLY WOULD LEAD TO GREATER EFFECTIVENESS OF SERVICES AND TO MORE BALANCED CONCERN FOR THE NEEDS AND WELFARE OF ALL PARTIES INVOLVED IN THE ADMINISTRATION OF CRIMINAL JUSTICE, INCLUDING VICTIMS AND OFFENDERS. STAFF DEVELOPMENT AND TRAINING PROGRAMS ARE IMPORTANT VEHICLES FOR CREATING A SYSTEM OUT OF THE NONSYSTEM AND SHOULD BE RESTRUCTURED WITH A VIEW TO PREPARING TRAINEES TO ACT AS AGENTS OF CHANGE. UNIVERSITIES APPEAR TO BE THE BEST AVAILABLE INSTITUTION TO PROVIDE IMPETUS FOR BRINGING TOGETHER DISPARATE CRIMINAL JUSTICE GROUPS TO PROMOTE SYSTEMATIZATION. A LIST OF REFERENCES IS INCLUDED. (LKM) PREPARING TRAINEES TO ACT AS AGENTS OF CHANGE. UNIVERSITIES APPEAR TO BE THE BEST AVAILABLE INSTITUTION TO PROVIDE IMPETUS FOR BRINGING TOGETHER DISPARATE CRIMINAL JUSTICE GROUPS TO PROMOTE SYSTEMATIZATION. A LIST OF REFERENCES IS INCLUDED. (LKM)