NCJ Number
56557
Journal
New York State Bar Journal Volume: 49 Issue: 1 Dated: (JANUARY 1977) Pages: 11,18-23
Date Published
1977
Length
7 pages
Annotation
THIS ARTICLE RESPONDS TO REMARKS OF THE CHIEF JUDGE OF THE U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA AND INDICATES THAT THE CRIMINAL JUSTICE SYSTEM SHOULD TREAT ALL PERSONS AS BEING RESPONSIBLE FOR THEIR ACTIONS.
Abstract
RESPONDING TO CHIEF JUDGE BAZELON'S BELIEF THAT LARGE NUMBERS OF PEOPLE HAVE LITTLE CHOICE REGARDING THEIR BEHAVIOR AND SHOULD NOT BE HELD ACCOUNTABLE FOR IT, THE AUTHOR STATES THAT MOST PERSONS DO CHOOSE THEIR BEHAVIOR AND MUST CONFRONT THE CONSEQUENCES. JUDGE BAZELON ADVOCATES THE ADOPTION OF A BROAD CRIMINAL DEFENSE BASED UPON NONRESPONSIBILITY. IF, HOWEVER, THERE IS NO REASON TO BELIEVE THAT PERSONS ARE NOT RESPONSIBLE FOR THEIR ACTIONS, THEN THE DEFENSE OF NONRESPONSIBILITY SHOULD BE NARROWED, RATHER THAN BROADENED. ENVIRONMENT IS NOT ALL-DETERMINATIVE OF BEHAVIOR, INSTEAD IT INTERACTS WITH PERSONALITY FACTORS. THE REAL ISSUE BECOMES WHERE SOCIETY OUGHT TO DRAW THE LINE OF ACCOUNTABILITY, AND BY WHOM THE LINE SHOULD BE DRAWN. WHERE THERE IS FREE CHOICE, THEN IT IS BOTH MORAL AND RESPECTFUL TO THE ACTOR TO HOLD HIM OR HER RESPONSIBLE. BECAUSE THE VAST MAJORITY OF PERSONS CHOOSE TO OBEY THE LAW, NO SCIENTIFIC OR MORAL REASON COMPELS EXCULPATION. EVEN IF SOCIETY'S RESOURCES WERE REALLOCATED, THERE IS NOT SUFFICIENT FUNDING FOR THE TYPE OF ANTIPOVERTY PROGRAM CONTEMPLATED BY JUDGE BAZELON, AND NO INDICATION THAT SUCH REDISTRIBUTION OF WEALTH WOULD CURE CRIME. THE COST-BENEFIT ANALYSIS OF THE CRIME PROBLEM HAS NOT PRODUCED SUFFICIENT EVIDENCE TO JUSTIFY FUNDING MANY OF THE PROJECTS ADVOCATED BY JUDGE BAZELON, AT THE EXPENSE OF OTHER WORTHY PROGRAMS. REFERENCES ARE PROVIDED. (FOR ARTICLE BY JUDGE BAZELON, SEE NCJ 56556) (TWK).