NCJ Number
53268
Journal
Judicature Volume: 62 Issue: 6 Dated: (DECEMBER/JANUARY 1979) Pages: 296-300
Date Published
1978
Length
5 pages
Annotation
TWO PROPOSALS FOR CREATING A NATIONAL AGENCY RESPONSIBLE FOR CONDUCTING RESEARCH AND MAKING RECOMMENDATIONS RELATED TO IMPROVEMENTS IN THE CRIMINAL JUSTICE SYSTEM ARE DISCUSSED.
Abstract
THE HISTORY OF THE NATIONAL INSTITUTE OF JUSTICE (NIJ) CONCEPT IS TRACED FROM ROSCOE POUND'S RECOMMENDATION IN 1917 FOR A SEPARATE MINISTRY OF JUSTICE, TO HANDLE LEGISLATIVE PROPOSALS UNDER CONSIDERATION BY CONGRESS. THE EXPECTATIONS OF VARIOUS PROPONENTS OF THE NIJ CONCEPT ARE NOTED. STUDIES POINTING TO PROBLEMS WITH THE LEAA SAID BY SOME TO MAKE THAT AGENCY UNABLE TO PERFORM THE ROLE ENVISIONED FOR THE NIJ ARE CITED. MAJOR PROVISIONS OF THE CARTER ADMINISTRATION'S JUSTICE SYSTEM IMPROVEMENT ACT AND THE AMERICAN BAR ASSOCIATION (ABA) PROPOSAL FOR ESTABLISHING AN NIJ ARE OUTLINED. THE CARTER PROPOSAL WOULD CREATE A NEW OFFICE WITHIN IN THE U.S. DEPARTMENT OF JUSTICE CALLED THE OFFICE FOR JUSTICE ASSISTANCE, RESEARCH, AND STATISTICS (OJARS). OJARS WOULD COORDINATE THE ACTIVITIES OF THREE DIVISIONS: LEAA, NIJ, AND A NEW BUREAU OF JUSTICE STATISTICS. THE PURPOSE OF THE NIJ WOULD BE TO IMPROVE FEDERAL, STATE, AND LOCAL SYSTEMS OF CRIMINAL, CIVIL, AND JUVENILE JUSTICE; TO PREVENT AND REDUCE CRIME AND CIVIL DISPUTES; AND TO ENSURE CITIZENS ACCESS TO DISPUTE RESOLUTION FORUMS. THE NIJ WOULD HAVE AUTHORITY TO CONDUCT RESEARCH, DEVELOP ALTERNATIVES TO JUDICIAL RESOLUTION, EVALUATE PROGRAMS, AND IDENTIFY SUCCESSFUL PROGRAMS FOR REPLICATION. A KEY NIJ ROLE WOULD BE TO MAKE FUNDING RECOMMENDATIONS TO OJARS. THE ABA BILL FOCUSES STRICTLY ON ESTABLISHING AN NIJ--OUTSIDE THE JUSTICE DEPARTMENT. THE ABA-PROPOSED NIJ WOULD BE AUTHORIZED TO EVALUATE THE EFFECTIVENESS AND QUALITY OF JUSTICE AND THE ADMINISTRATION OF LAW, TO CONDUCT BASIC AND APPLIED RESEARCH, TO CONDUCT EXPERIMENTAL PROGRAMS THROUGH PUBLIC AND PRIVATE AGENCIES, AND TO PROVIDE TRAINING AND EDUCATION IN LAW-RELATED MATTERS. THE NIJ WOULD BE HEADED BY A PRESIDENTIALLY APPOINTED BOARD, WHICH IN TURN WOULD APPOINT A BROAD-BASED COUNCIL TO GUIDE THE INSTITUTE'S WORK. (LKM)