NCJ Number
45044
Date Published
1977
Length
14 pages
Annotation
IT IS THEORIZED THAT THE CRIMINAL JUSTICE SYSTEM, RATHER THAN BEING APPLIED EQUALLY TO ALL, IS USED TO MAINTAIN SOCIAL DICHOTOMIES AND PERPETUATE THE ELITE GROUP.
Abstract
JUDICIAL DISCRIMINATION, AS REFLECTED BY INCARCERATION STATISTICS, HAS BEEN USED IN OUR SOCIETY TO MAINTAIN THE STATUS QUO. THE BOUNDARY-MAINTENANCE PERSPECTIVE OF RELATIVE JUSTICE STATES THAT JUSTICE IS A CULTURALLY RELATIVISTIC CONCEPT, THE FLEXIBILITY OF WHICH IS DETERMINED BY THE CONTROL BOUNDARIES THAT DEFINE THE EXTENT OF DESIRABLE AND UNDESIRABLE SOCIAL BEHAVIOR. THERE EXIST CERTAIN MECHANISMS BY WHICH THE ELITE GROUP DEFINES ITS NORMS AND PROTECTS ITS POSITION FROM ENCROACHMENT BY OTHER GROUPS WITH SOCIETY. THE RESULTING LACK OF REAL COMPETITION CAUSES OTHER GROUPS TO RESORT TO DEVIANT BEHAVIOR IN ORDER TO REALIZE THEIR SUCCESS GOALS. THE MAINTENANCE OF SOCIAL DICHOTOMIES IS IMPORTANT TO THE PRESERVATION OF THE ELITE GROUP; THESE ARE BASED ON SEX, CLASS, AND RACE. SO AS NOT TO QUESTION THE IDEALS OF UNIVERSAL EQUALITY AND ACCESSIBILITY TO THE PRESTIGE POSITIONS WITHIN SOCIETY, EXISTING SOCIAL STRATA ARE ATTRIBUTED TO INMATE MORAL AND/OR BIOLOGICAL INFERIORITY RATHER THAN TO SOCIAL STRUCTURAL INEQUALITIES. THE POWERFUL ENFORCEMENT AND JUDICIARY MECHANISMS OF OUR SOCIETY ARE UNDER THE CONTROL OF THE ELITE GROUPS. POLITICAL MANIPULATION OF THESE CONTROL AGENCIES OCCURS THROUGHOUT THE COUNTRY, BUT HAS BEEN MORE VISIBLE AND EVIDENT IN THE SOUTH, WHERE THE POWER STRUCTURE HAS CHANGED LITTLE OVER THE LAST CENTURY. THE SYSTEM OF NORTH CAROLINA IS ANALYZED IN DETAIL TO ILLUSTRATE THIS PREMISE, AND STATISTICS ON OFFENSES COMMITTED BY SEX AND RACE AND DISTRIBUTION OF THE DEATH SENTENCE ARE PRESENTED. FINDINGS OF THIS INVESTIGATION SHOW THAT POOR, BLACK MALES ARE THE MOST LIKELY TO BE INCARCERATED IN NORTH CAROLINA. THIS IS ATTRIBUTED TO DISCRIMINATORY JUSTICE USED TO PERPETUATE THE POWER DIFFERENTIAL BETWEEN THE 'HAVES AND THE HAVE NOTS.' REFERENCES ARE PROVIDED.