NCJ Number
52548
Date Published
1978
Length
18 pages
Annotation
THE MANY CALLS FOR REFORM OF CURRENT CRIMINAL JUSTICE PRACTICES ARE SEEN AS RALLYING AROUND A NEW SCHOOL OF CRIMINOLOGY, THE ANTIREHABILITATION SCHOOL. THE PHILOSOPHY OF THIS SCHOOL IS EXAMINED.
Abstract
LIBERALS, CONSERVATIVES, AND MODERATES HAVE ALL MOUNTED MASSIVE ATTACKS ON CURRENT CRIMINOLOGY AND PENOLOGY PRACTICES. THESE ATTACKS ARE EXAMINED AND ARE SEEN AS PART OF AN EMERGING PHILOSOPHY, WHICH MAINTAINS THAT POSITIVIST CRIMINOLOGY HAS NOT WORKED. THE TENETS OF THIS ANTIREHABILITATION SCHOOL ARE: (1) TOO MANY ACTS ARE OVERCRIMINALIZED BY CURRENT LAWS; (2) POSITIVISM DISREGARDS INDIVIDUAL RIGHTS; (3) THE MEDICAL MODEL OF CRIME AS A DISEASE IS ERRONEOUS; (4) OFFENDER RIGHTS CANNOT BE DENIED IN THE NAME OF BENEFICIENT TREATMENT; (5) CRIMINAL JUSTICE OFFICIALS EXERT TOO MUCH DISCRETION IN THE SELECTION AND TREATMENT OF OFFENDERS; (6) MINORITIES ARE DISCRIMINATED AGAINST; AND (7) JUSTICE, NOT CRIME PREVENTION, SHOULD BE THE GOAL OF CRIMINAL JUSTICE SYSTEM. EACH OF THESE POINTS IS EXAMINED IN DETAIL. IT IS CONCLUDED THAT THE REFORMS THAT ARE PROPOSED BY VARIOUS FUNCTIONS OF THE ANTIREHABILITATION SCHOOL HAVE GREAT MERIT, BUT THAT FEW WILL BE IMPLEMENTED AS SUGGESTED BECAUSE THEY LACK A COMMON RATIONALE. ADMINISTRATIVE DISCRETION FLOURISHES WHEN A SYSTEM'S GUIDELINES ARE CONFUSED. THE INCONSISTENCIES PRODUCED BY THIS CONFUSION WILL SOW SEEDS OF FUTURE DISCONTENT. NOTES AND REFERENCES ARE APPENDED. (GLR)