NCJ Number
58264
Journal
FBI Law Enforcement Bulletin Volume: 46 Issue: 1 Dated: (JANUARY 1977) Pages: 22-25
Date Published
1977
Length
4 pages
Annotation
CURRENT ISSUES FACING THE CRIMINAL JUSTICE SYSTEM, SUCH AS THE VALIDITY OF REHABILITATION, THE GROWING PRISON POPULATION, AND CONDITIONS OF INCARCERATION ARE DISCUSSED.
Abstract
EVERY SEGMENT OF THE CRIMINAL JUSTICE SYSTEM IS UNDERGOING CRITICAL EXAMINATION AT THIS TIME, AS THE RATE OF CRIME IS STEADILY RISING. THE COURTS ARE ACCUSED OF BEING TOO LENIENT AND INCONSISTENT IN SENTENCING, AND LAW ENFORCEMENT OFFICERS ARE CRITICIZED FOR NOT APPREHENDING MORE CRIMINALS. SOME INDIVIDUALS INSIST THAT PRISONS ARE PAMPERING INMATES WHILE OTHERS ACCUSE CORRECTIONS OFFICERS AND ADMINISTRATORS OF EXCESSIVE BRUTALITY. CLEARLY, A 'GET TOUGH' MOOD EXISTS; 35 STATES HAVE PASSED NEW DEATH PENALTY LAWS, AND 12 HAVE REPLACED DISCRETIONARY SENTENCING WITH FIXED-TERM, MANDATORY SENTENCES FOR CERTAIN OFFENSES. IN ADDITION, THE VALIDITY OF REHABILITATION AS THE MAJOR GOAL OF INCARCERATION IS QUESTIONED. IT IS NOW ACKNOWLEDGED THAT THE SYSTEM CANNOT CHANGE OFFENDERS WHO DO NOT HAVE THE DESIRE TO CHANGE THEMSELVES; THE CHANGE MUST BE VOLUNTARY, AND THE ROLE OF THE SYSTEM FACILITATIVE IN PROVIDING OPPORTUNITIES FOR THOSE WHO WILL ACCEPT THEM. INCREASING DEMAND EXISTS FOR MANDATORY SENTENCING AND FOR AN END TO INDETERMINATE SENTENCING. TO ESTABLISH A SYSTEM OF DETERMINATE SENTENCING, SEVERAL BILLS ARE NOW BEFORE CONGRESS ARGUING THAT THE CERTAINTY OF PUNISHMENT WOULD SERVE AS AN EFFECTIVE DETERRENT TO MANY CRIMES. OVERCROWDING IN PRISONS IS ALSO AN ISSUE AT A TIME WHEN BOTH STATE AND FEDERAL COURTS ARE INCREASINGLY INSISTENT ON MORE HUMANE CONDITIONS IN INSTITUTIONS AND ON THE PROTECTION OF INMATES' CIVIL RIGHTS. THE CRACKDOWN ON CRIMINAL ACTIVITY AND RECOGNITION OF THE NEED FOR MORE HUMANE INCARCERATION, DESPITE THE PROBLEMS, REPRESENT POSITIVE STEPS TOWARD IMPROVING THE CRIMINAL JUSTICE SYSTEM. A TABLE OF PRISON POPULATION DATA IS INCLUDED.