NCJ Number
117984
Date Published
1988
Length
8 pages
Annotation
A postmodern philosophy of justice has implications for prosecution and sentencing.
Abstract
"Modern" justice has emphasized rationality and efficiency. "Postmodern" justice recognizes the need for cultural institutions to communicate with the people who inhabit them and with the public they serve. It accomplishes this by combining the familiar with the innovative in unique formations, refusing to give up either the fruits of modern technology or the symbolic language of our diverse traditions, which modernism ignored. This distinction between "modernism" and "postmodernism" has implications for prosecution. The "modern" approach to efficient prosecution is plea bargaining. Although it is a rational solution to the risks and costs of trial, however, it produces results in the aggregate that violate traditional conceptions of justice. A "postmodern" approach is not only concerned with efficiency but also with individualized justice related to the defendant's needs and the public interest. This involves obtaining key information on the defendant and the alleged offense early in the case to determine whether diversion might be preferable to a trial. The "modern" and "postmodern" approaches also have implications for sentencing. Many sentencing guidelines are "modern" in reducing sentencing to a formula. The "postmodern" alternative is "customized sentencing," which tailors sentences to each individual.