NCJ Number
59422
Journal
American Behavioral Scientist Volume: 22 Issue: 6 Dated: SPECIAL ISSUE (JULY/AUGUST 1979) Pages: 733-757
Date Published
1979
Length
26 pages
Annotation
AN EXAMINATION IS MADE OF THE CONTENTION THAT A HIGH CRIME RATE AND A COMPLEX CRIMINAL JUSTICE SYSTEM MAY BE PART OF THE PRICE WHICH MUST BE PAID FOR THE MAINTENANCE OF DEMOCRACY AND A VIABLE ECONOMIC ORDER.
Abstract
THERE IS NO UNITARY CRIMINAL JUSTICE SYSTEM OPERATING IN THIS COUNTRY SINCE EACH OF THE 51 JURISDICTIONS HAS ITS OWN SET OF LAWS, POLICE AGENCIES, COURTS, AND CORRECTIONAL SYSTEMS. FURTHERMORE, A LACK OF CONSENSUS EXISTS CONCERNING THE NATURE, PURPOSES, AND DIRECTIONS OF OUR CRIME CONTROL EFFORTS. EFFORTS TO ALTER STRUCTURE OF SOCIETY TO PREVENT CRIME HAVE FAILED; CONSEQUENTLY, ATTENTION HAS BEEN FOCUSED ON THE WAY THE SYSTEM SOLVES CRIMES, APPREHENDS SUSPECTS, AND PROCESSES OFFENDERS. IN ADDITION, CORRECTIONAL FACILITIES MUST DECIDE WHETHER THEIR PRIMARY TASK IS TO PUNISH OR REHABILITATE OFFENDERS. RELATIONSHIPS AMONG VARIOUS AGENCIES OF THE CRIMINAL JUSTICE SYSTEM ARE ALSO NOT CLEARLY STRUCTURED, OFTEN RESULTING IN ADDITIONAL PROBLEMS. PLEA BARGAINING IS A MAJOR PART OF THE SYSTEM AND THE QUESTION OF WHETHER IT IS POSSIBLE, OR DESIRABLE, TO ABOLISH PLEA BARGAINING REMAINS A MAJOR ISSUE. THE SENTENCING PROCESS IS ANOTHER FOCUS OF INTENSE CONCERN. CRIMINAL JUSTICE REFORM HAS TRADITIONALLY CONSISTED OF FOUR MAJOR TYPES OF REFORM: (1) CHANGING LAWS, (2) IMPROVING THE SELECTION AND PERFORMANCE OF SYSTEM PERSONNEL, (3) REQUIRING MORE PROCEDURAL DUE PROCESS, AND (4) INVENTING NEW PROCESSES SUCH AS PAROLE AND DIVERSION PROGRAMS. HOWEVER, MANY OF THESE REFORMS HAVE BEEN REGRESSIVE RATHER THAN PROGRESSIVE. ALTHOUGH THE OPTIMISM (AND MONEY) AVAILABLE IN THE 1960'S TO SOLVE THE CRIME PROBLEM HAS GIVEN WAY TO DISILLUSIONMENT, THE SYSTEM HAS ACQUIRED THE NECESSARY RUDIMENTARY INFORMATION AND PROCEDURES NEEDED TO CONTINUE EFFORTS TO ATTACK THE CRIME PROBLEM. A LIST OF COURT CASES AND REFERENCES ARE INCLUDED. (KCP)