NCJ Number
64673
Date Published
1980
Length
1071 pages
Annotation
THIS COMPREHENSIVE TEXT IS INTENDED TO PROVIDE AN UNDERSTANDING OF THE CRIMINAL JUSTICE SYSTEM IN THE CONTEXT OF A COURSE IN LAW REFORM. THE COURSE RELATES CRIME DATA AND CONTROL TO CRIMINAL LAW PROCESS.
Abstract
DESIGNED FOR LAW STUDENTS AND GRADUATE STUDENTS OF OTHER DISCIPLINES, THE BOOK EMPHASIZES DISCUSSION AND ANALYSIS AND REFLECTS THE NEED TO RECOGNIZE THE SOCIAL CONSEQUENCES OF LEGISLATIVE, JUDICIAL, REGULATORY, AND NEGOTIATED DECISIONS. BACKGROUND MATERIALS INTRODUCE THE ISSUE OF CRIME (ITS MEASURE AND COSTS AND VICTIMLESS CRIME) AND COVERS POLICE AND POLICING IN ORDER TO DEMONSTRATE THE COMPLEX SOCIAL ROOTS OF BEHAVIOR AND TO EXPLORE THE LIMITS OF THE LAW'S ABILITY TO PREVENT CRIME AND RATIONALIZE CRIMINAL JUSTICE. MATERIALS ON POLICE AND POLICING INFORM LAW STUDENTS ABOUT THE EDUCATIONAL REQUIREMENTS FOR ENTRY AND PROMOTION IN POLICING. POLICE INTELLIGENCE ACTIVITIES ARE DISCUSSED IN ORDER TO EXAMINE THE PROBLEM OF ADVANCE DRAFTING OF RULES. PRETRIAL CRIMINAL PROCEDURES ARE ANALYZED IN TERMS OF BAIL AND ITS REFORM, PRETRIAL DIVERSION, PROSECUTORIAL SCREENING, AND SPEEDY TRIAL. MATERIALS ARE DESIGNED TO EQUIP STUDENTS WITH THE INFORMATION AND CRITICAL SKILLS NECESSARY TO EVALUATE THE IMPACT OF INNOVATION. DISCUSSION OF PROSECUTORIAL SCREENING ALSO HIGHLIGHTS THE ADMINISTRATIVE AND LEGAL POWERS OF THE AMERICAN PROSECUTOR. SECTIONS ON PLEA BARGAINING AND SENTENCING, WHICH ARE CENTRAL CONCERNS IN CRIMINAL PROCEDURE AND SUBSTANTIVE CRIMINAL LAW, ARE FIRST DISCUSSED WITH REGARD TO CURRENT PRACTICE AND THEN EXPLORED AS ALTERNATIVE PATHS TO REFORM. MORAL AND CONSTITUTIONAL QUESTIONS ARE INTRODUCED. SPECIFIC ISSUES TOUCHED ON SENTENCING AND THE AIMS OF CRIMINAL LAW, JUDICIAL PARTICIPATION IN PLEA BARGAINING, ALLOCATION OF RESPONSIBILITY IN PUNISHMENT, CHOICE OF SANCTIONS AVAILABLE IN VARIOUS PENAL CODES, AND THE DISTRIBUTION OF SENTENCES IN THE CRIMINAL JUSTICE SYSTEM. TABLES OF CASES, STATUTES, AND AUTHORITIES ARE APPENDED, TOGETHER WITH A SUBJECT INDEX. EXTENSIVE REFERENCES ARE PROVIDED. (MHP)