NCJ Number
47453
Journal
CANADIAN JOURNAL OF CRIMINOLOGY AND CORRECTIONS Volume: 19 Issue: 3 Dated: (JULY 1977) Pages: 254-272
Date Published
1977
Length
19 pages
Annotation
THE CRIMINAL JUSTICE SYSTEM IS COMPARED WITH AN INDUSTRY, AND IT IS SUGGESTED THAT IF A COMPANY PERFORMED AS POORLY AS THE CRIMINAL JUSTICE SYSTEM, IT WOULD BE ON THE VERGE OF BANKRUPTCY.
Abstract
COMPARING THE CRIMINAL JUSTICE SYSTEM WITH ITS MANY BRANCHES TO A MAJOR INDUSTRY IS NOT UNREASONABLE. IN CANADA, THIS INDUSTRY'S BUDGETARY OUTLAYS HAVE GROWN FROM $0.6 BILLION IN 1966 TO AN ESTIMATED $1.5 BILLION IN 1976, NEW PRISON PLANTS COST FROM $70,000 TO $100,000 PER CELL OR SPACE FOR ONE BED, AND THE PROVISION OF PRISON SERVICES FOR ADULT OFFENDERS COSTS $1,000 PER MONTH PER PERSON. DESPITE THIS HIGH COST THE PRISONS DO NOT REFORM CRIMINALS, DETER PERSONS FROM COMMITTING CRIMES, OR PREVENT CRIME. THE PRISONS DO FULFILL ONE PROMISE, HOWEVER: THEY DO ATTEMPT TO ADMINISTER JUSTICE FAIRLY, ALTHOUGH THIS GOAL IS OFTEN SUBVERTED BY PAROLE COMMISSIONS. CRIMINAL JUSTICE SUFFERS FROM OVEREXPANSION. UNDER THE GUISE OF 'TREATMENT,' MANY WHO HAVE NOT COMMITTED SERIOUS OFFENSES ARE BROUGHT INTO THE SYSTEM. VARIOUS BRANCHES OF THE SYSTEM ARE INVOLVED IN DRUG TREATMENT PROGRAMS AND OTHER EFFORTS BETTER LEFT TO SOCIAL AGENCIES. LITTLE ATTENTION IS GIVEN TO PRETRIAL MEDIATION SERVICES AND OTHER MEASURES TO CURTAIL COURT INVOLVEMENT IN MINOR OFFENSES. WHILE THE POLICE, PROSECUTORS, AND JUDGES CONTRIBUTE TO THE PROBLEMS OF THE SYSTEM, IT IS AT THE CORRECTIONS LEVEL THAT OVEREXPANSION IS MOST EVIDENT. IF CRIMINAL JUSTICE IS TO BE AS WELL-RUN AS THE AVERAGE BUSINESS CONCERN, A COST-BENEFIT APPROACH MUST BE USED AS PART OF THE SENTENCING CRITERIA. CONSIDERING THE HIGH COST TO BOTH TAXPAYERS AND OFFENDERS, IMPRISONMENT SHOULD NOT BE USED FOR NONVIOLENT OFFENDERS. THEY SHOULD BE SENTENCED TO WORK IN THE COMMUNITY AND MAKE RESTITUTION FOR THE HARM THEY HAVE CAUSED. COURTS SHOULD BE RESTRUCTURED TO HANDLE MINOR NONVIOLENT OFFENSES MORE ECONOMICALLY. IN VICTORIA, BRITISH COLUMBIA, THE ESTIMATED COST OF A GUILTY PLEA CASE IN AN AVERAGE NONVIOLENT PROPERTY OFFENSE IS $500. IF THE CASE IS CONTESTED AND A PRELIMINARY HEARING IS HELD, THE COST MAY REACH $1,600. THE USE OF SIMPLIFIED PROCEDURES, COMMUNITY COURTS, OR OMBUDSMEN SHOULD BE INVESTIGATED AS ALTERNATIVES FOR MINOR CRIMES AND DISPUTES. ALSO, EMPLOYEES OF THE CRIMINAL JUSTICE SYSTEM SHOULD BE GIVEN THE SAME TRAINING, PAY, AND BENEFITS NOW ENJOYED BY WORKERS IN PRIVATE INDUSTRY. THE PAROLE BOARDS SHOULD BE ABOLISHED AND FIXED TERM SENTENCES GIVEN, ALLOWING A CHANCE FOR RELEASE AFTER A THIRD OF THE SENTENCE HAS BEEN SERVED. BY GETTING MINOR OFFENDERS OUT OF THE SYSTEM, ABOLISHING THE PAYROLLS ASSOCIATED WITH THE PAROLE PROCESS, AND CUTTING COURT COSTS, CRIMINAL JUSTICE AGENCIES WOULD SAVE ENOUGH MONEY TO UPGRADE THE SERVICES OFFERED AND WOULD END OVERCROWDING IN PRISONS.