LIMITS OF THE CRIMINAL LAW AS A MEANS OF SOCIAL REGULATION (FROM CRIME AND DELINQUENCY, A READER, 1970 BY CARL A. BERSANI - SEE NCJ-06248)

• NCJ Number: 10191
• Author(s): ANON
• Date Published: 1970
• Length: 15 pages
• Corporate Author: Macmillan
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM TASK FORCE REPORT, THE COURTS, PRES COMM ON LAW ENF, GPO, 1967, P 97-107

Annotation

AN EXAMINATION OF THE PROPER SCOPE AND OPERATION OF THE SUBSTANTIVE CRIMINAL LAW WITH RESPECT TO THOSE CRIMES FOR WHICH THERE IS NO COMPLAINING VICTIM.

Abstract

THE CRIMINAL LAW COVERS MANY ACTIVITIES WHICH SOCIETY CONSIDERS UNDESIRABLE AND THEREFORE SEEKS TO CONTROL AND DISCOURAGE. THE AUTHOR ATTEMPTS TO ESTABLISH THAT THE CRIMINAL LAW IS AN INEFFECTIVE AND COSTLY METHOD OF SOCIAL REGULATION SINCE THESE ACTIVITIES USUALLY INVOLVE CONSENTING ADULTS AND DO NOT INVOLVE A VICTIM WILLING TO REPORT THE CRIME TO THE POLICE. ANOTHER OBJECTION WHICH CAN BE MADE AGAINST REGULATING DEVIANT BEHAVIOR THROUGH THE CRIMINAL LAW IS THAT IT WILL ENGENDER CYNICISM AND DISRESPECT FOR THE WHOLE CRIMINAL JUSTICE SYSTEM. IT WOULD BE MORE APPROPRIATE FOR CONDUCT SUCH AS PUBLIC DRUNKENNESS, GAMBLING, NARCOTICS CONSUMPTION, VAGRANCY, AND SEXUAL BEHAVIOR, TO BE DEALT WITH BY THE CIVIL, AND NOT CRIMINAL LAW.