NCJ Number
66835
Date Published
1980
Length
19 pages
Annotation
THIS EXAMINATION OF HISTORICAL RESEARCH ON ANGLO-AMERICAN CRIMINAL JUSTICE OUTLINES THE PROBLEM, CRITIQUES SELECTED RECENT LITERATURE, AND SUGGESTS AREAS IN WHICH FURTHER STUDY IS NEEDED.
Abstract
THE LAST DECADE'S CRIMINAL JUSTICE LITERATURE AND TEXTBOOKS ARE AHISTORICAL IN STRUCTURE, CONTENT, AND PERSPECTIVE. ALTHOUGH RESOURCE GUIDES LIST HISTORICAL STUDIES, THE CITATIONS ARE HIDDEN IN TOPICAL AND SUBTOPICAL AREAS. LEGAL HISTORIANS' PROFESSIONAL TRAINING HAS RESULTED IN THEIR OVERLOOKING THE CRIMINAL JUSTICE FIELD AND PRODUCING A DISTORTED PICTURE OF LAW AND ITS ROLE IN SOCIETY. LIMITED AVAILABILITY OF DOCUMENTS AND THE U.S.'S DIVERSE CULTURAL HERITAGE ARE FURTHER BARRIERS TO HISTORICAL RESEARCH. IN CONTRAST, ENGLAND HAS ABUNDANT SCHOLARLY RESEARCH ON CRIMINAL LAW. IN THE U.S., MUCH OF THE HISTORY FOUND IN CRIMINOLOGICAL LITERATURE IS ON THEORY DEVELOPMENT OR PENOLOGY. MORE RESEARCH IS NEEDED ON THE EVOLUTION OF STATE AND LOCAL PENAL SYSTEMS AND INMATE AND EMPLOYEE CHARACTERISTICS. RESEARCH ON URBAN POLICING IS ALSO NEEDED. WALKER'S AND FOGELSON'S BOOKS ON POLICE ILLUSTRATE THE SHORTCOMINGS OF HISTORICAL SCHOLARSHIP ON THE POLICE. RESEARCH NEEDS INCLUDE CASE STUDIES, THE RELATIONSHIPS OF URBAN POLICE DEPARTMENTS TO THE POWER STRUCTURE, THE FEDERAL ROLE IN LAW ENFORCEMENT, AND ANALYTICAL BIOGRAPHIES OF PAST LEADERS. CURRENT LITERATURE ON LAW AND ORDER ON THE WESTERN FRONTIER OFTEN REFLECTS AN ANTIQUARIAN ROMANTICISM AND NEEDS IMPROVEMENT. RESEARCH ON JUVENILE DELINQUENCY HAS FOCUSED ON DEVIANCE. RESEARCH ON INSTITUTIONS DEALING WITH DELINQUENCY AND ON DELINQUENTS WITHIN THEIR LARGER SOCIAL GROUP IS NEEDED. FINALLY, RESEARCH SHOULD BE CONDUCTED ON LOCAL COURTS' EVOLUTION. ALTHOUGH INTEREST IN CRIMINAL JUSTICE HISTORY IS GROWING, THIS FURTHER RESEARCH IS NEEDED TO INVESTIGATE CURRENT PROBLEMS' ORIGINS, TO AID UNDERSTANDING OF REFORMS' LONG-RANGE IMPLICATIONS, AND TO STUDY CRIMINAL JUSTICE ISSUES OVER TIME. FOOTNOTES WHICH INCLUDE REFERENCES AND QUESTIONS FOR DISCUSSION ARE INCLUDED. (CFW)