NCJ Number
16962
Journal
LAW IN AMERICAN SOCIETY Volume: 3 Issue: 4 Dated: (NOVEMBER 1974) Pages: 26-30
Date Published
1974
Length
5 pages
Annotation
DESCRIBES FOUR MODELS FOR WAYS OF CONCEPTUALIZING THE CRIMINAL JUSTICE SYSTEM - THE LEGAL, ORGANIZATIONAL, FAMILIAL, AND COMMUNITARIAN MODELS.
Abstract
THE LEGAL MODEL IS SEEN IN THREE STYLES - THE ADVERSARY, CHARACTERIZED BY THE ROLES PLAYED BY THE STATE CONTESTING AGAINST THE DEFENDANT, THE ACCUSATORIAL, WHICH IS CENTERED IN THE COMPLAINANT, AND THE INQUISITORIAL, WHICH ENTRUSTS THE STATE ALONE WITH THE RESPONSIBILITIES OF JUSTICE. IN THE ORGANIZATIONAL MODEL THE COURT IS MORE THAN A LEGAL STRUCTURE AS IT BECOMES A PROCESSER OF INDIVIDUALIZED TREATMENT PROGRAMS FOR OFFENDERS. THE FAMILY MODEL EMPHASIZES AN ATTITUDE THAT INVOLVES RESPECT FOR THE RIGHTS, DIGNITY, AND INDIVIDUALITY OF THE OFFENDER. UNDER THIS MODEL THE REPRESENTATIVE OF THE STATE AND THE DEFENSE COUNSEL WOULD ASSIST THE TRIBUNAL IN COMING TO A DECISION THAT BEST INCORPORATES AND RECONCILES THE INTERESTS OF ALL CONCERNED. THE COMMUNITARIAN MODEL ENVISIONS THE COORDINATION OF A WHOLE SYSTEM THAT EXTENDS THROUGH THE CORRECTIONS PHASE TO REINTEGRATION INTO THE COMMUNITY AND BEGINS WITH THE CAUSES, CONDITIONS, AND EFFECTS OF CRIME.