NCJ Number
11414
Date Published
1973
Length
234 pages
Annotation
CRITIQUE OF THE CRIMINAL JUSTICE SYSTEM BASED ON THE ASSUMPTION THAT THE JUDICIAL PROCESS IS A SUBSYSTEM OF THE LARGER POLITICAL AND ECONOMIC SYSTEM AND THAT CONSIDERATIONS ARE A FACTOR IN DECISION-MAKING.
Abstract
THE VIEW THAT THE CRIMINAL JUSTICE SYSTEM IS AN EFFICIENT, MECHANICAL, CONSISTENT PROCESS OF DISPENSING JUSTICE TO INDIVIDUALS WHILE PROTECTING AND PRESERVING SOCIAL ORDER AND NORMATIVE VALUES IS AN ILLUSION, ACCORDING TO THE AUTHOR. POLICE, PROSECUTORS, DEFENSE COUNSELS, AND JUDGES, TOGETHER WITH COMMUNITY ATTITUDES AND THE ECONOMIC AND SOCIAL POWER OF DEFENDANTS ARE CONSIDERED TO INTERACT IN A COMPLEX, AMBIGUOUS INTERPLAY THAT VARIES WITH EACH PERSON'S ENCOUNTER WITH THE CRIMINAL JUSTICE SYSTEM. THE PRINCIPAL PERSONNEL OF THE CRIMINAL JUSTICE SYSTEM POLICE, PROSECUTORS, DEFENSE COUNSELS, AND JUDGES - ARE EXAMINED FROM THE PERSPECTIVE OF THE SOCIO-ECONOMIC CONDITIONING THAT MAY HAVE ATTRACTED THEM TO THEIR ROLES. THE ADMINISTRATIVE, POLITICAL, AND SOCIAL MILIEUS THAT AFFECT THE DECISION-MAKING OF THESE PERSONNEL ARE ALSO EXAMINED. INTERPERSONAL INTERCHANGES THAT TAKE PLACE BEHIND THE SCENES OF THE FORMAL CRIMINAL JUSTICE SYSTEM, SUCH AS PLEA BARGAINING, ARE ANALYZED AND THE PROS AND CONS DISCUSSED. IT IS RECOMMENDED THAT A MORE CONSISTENT TREATMENT OF DEFENDANTS WOULD BE ENHANCED BY INCREASING THE ADVERSARY CONTEXT OF THE CRIMINAL JUSTICE PROCESS. EMPHASIS ON PROFESSIONAL NORMS, STRENGTHENING THE APPEAL PROCESS, AND FINANCIAL INCENTIVE TO DEFENSE COUNSELS ARE SUGGESTED AS WAYS TO DO THIS. THIS BOOK PURPORTS TO BRING A VIEW OF THE ACTUAL DYNAMICS AT WORK WITHIN THE CRIMINAL JUSTICE PROCESS, AND THUS PROVIDES AN IMPORTANT BASE OF INFORMATION FROM WHICH TO DISCUSS REFORM CONSIDERATIONS. (SNI ABSTRACT)