NCJ Number
56598
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 90 Issue: 4 Dated: (1978) Pages: 1083-1127
Date Published
1978
Length
45 pages
Annotation
RECENT DEVELOPMENTS AND TRENDS IN VARIOUS FIELDS OF AMERICAN CRIMINAL LAW ARE EXPLAINED AND BRIEFLY EVALUATED.
Abstract
CURRENT CRIMINAL POLICY IN THE UNITED STATES MANIFESTS A COMPLEX AND CONTRADICTORY COMBINATION OF LIBERAL IMPULSES AND RESORTS TO LAW-AND-ORDER, OF EXPERIMENTAL PROGRAMS AND CONSEQUENT RETURNS TO THE 'OLD AND PROVEN' CORRECTIONAL MEASURES. IN RECENT YEARS, THE CONSTITUTIONAL RIGHTS AND THE AMENDMENTS TO THE CONSTITUTION HAVE BEEN THE BASIS FOR SPECTACULAR CHANGES IN SUCH AREAS AS ABORTION, PORNOGRAPHY, AND HOMOSEXUALITY; THESE CHANGES HAVE RESTRICTED THE LEGISLATIVE AUTONOMY ON THE STATE LEVEL CONSIDERABLY. IN THE FIELD OF CRIMINAL LAW, THREE DEVELOPMENTS APPEAR TO BE PARTICULARLY IMPORTANT: (1) THE PROGRESSIVE CODIFICATION OF THE LAWS ON A STATE LEVEL (E.G. MODEL PENAL CODE), (2) A DRASTIC INCREASE IN PENALTY FOR CERTAIN OFFENSES (E.G. VIOLENT CRIMES), AND (3) A PURITAN RESISTANCE TO DECRIMINALIZE PARTICULAR OFFENSES ('VICTIMLESS CRIMES' LIKE GAMBLING, PROSTITUTION, DRUNKENNESS, OR HOMOSEXUALITY). OTHER SIGNIFICANT CHANGES HAVE OCCURRED IN THE ASSIGNMENT OF PENALTIES. FIRST, AFTER THE SUPREME COURT HAD RULED CAPITAL PUNISHMENT UNCONSTITUTIONAL IN 1972, A SERIES OF DECISIONS IN 1976 CONTINUED THE USE OF DEATH PENALTY. SECOND, THE GREAT RELIANCE ON IMPRISONMENT AS A MEANS OF REHABILITATION HAS COME UNDER ATTACK. THIRD, VARIOUS FORMS OF ALTERNATIVE PUNISHMENT (COMMUNITY CORRECTIONS, WORK RELEASE) HAVE BEEN TESTED, BUT THE RESULTS ARE NOT ENCOURAGING. APPARENTLY THE EXCEPTIONAL SOCIAL TENSIONS WITHIN THE AMERICAN SYSTEM AND THE RESULTING HIGH CRIME RATES ARE CONSTANTLY FORCING LEGISLATORS AND LEGAL EXPERTS TO MAKE NEW REFORM EFFORTS. ON THE WHOLE, THE TREND OF THE SIXTIES TO DEAL WITH THE CRIME PROBLEM ON A BASIC LEVEL (WAR AGAINST POVERTY SEEMS TO HAVE BEEN REPLACED BY A DETERMINED EFFORT TO COMBAT THE SYMPTOMS (I.E. INDIVIDUAL OFFENSES) IN THE SEVENTIES. THE ARTICLE PROVIDES BIBLIOGRAPHICAL INFORMATION AND RELEVANT COURT DECISIONS IN FOOTNOTES. --IN GERMAN. (SAJ)