NCJ Number
46553
Date Published
1978
Length
6 pages
Annotation
SIMPLISTIC VIEWS DOMINATING SOCIAL POLICY IN THE AREA OF CRIME ARE CRITICIZED, AND AN OUTLINE FOR AN EFFECTIVE CRIME POLICY IS SUGGESTED.
Abstract
BOTH THE CONSERVATIVE CALL FOR SURE AND SEVERE PUNISHMENT AND THE LIBERAL DEMAND FOR MORE HUMANE REHABILITATION ARE INTERNALLY INCONSISTENT AND LIMITED IN VISION. SOCIAL POLICY CAN WORK ONLY WHEN CRIMINAL LAW IS MITIGATED BY A JUSTICE SYSTEM THAT TAKES INTO ACCOUNT FOUR TYPES OF CRIMINALS: CAREER CRIMINALS; ACCIDENTAL OR INCIDENTAL CRIMINALS; POLITICAL CRIMINALS; AND PUBLIC WHIM CRIMINALS. A CRIME POLICY THAT EFFECTIVELY PROTECTS BOTH THE PUBLIC AND THE RIGHTS OF THE ACCUSED MUST HAVE THREE MAJOR COMPONENTS: (1) THE GENERAL SOCIAL CLIMATE MUST PROMOTE LAW-ABIDING BEHAVIOR; (2) LEGAL CODES THAT DEFINE CRIMINAL ACTS MUST BE LOGICAL AND FREE OF RACE, CLASS, AND SEX BIAS; AND (3) THE ADMINISTRATION OF JUSTICE MUST FOCUS ON OFFERING CAREER CRIMINALS THE OPPORTUNITY TO TURN TO LAW-ABIDING CAREERS AND ON DIVERTING ALL OTHER CRIMINALS TO APPROPRIATE AGENCIES. THE FIRST STEP TO AN ANTICRIME CLIMATE IS FULL EMPLOYMENT. THERE MUST ALSO BE A REDEFINITION OF WORK. LOGICAL, SIMPLE, STRAIGHTFORWARD SYSTEMS FOR DEALING WITH PROPERTY CRIMES AND CRIMES AGAINST PERSONS ARE NEEDED, AS ARE NEW LAWS PERTAINING TO THE REGULATION OF POLICE ACTIVITIES AND TO THE BETRAYAL OF THE PUBLIC TRUST. THE COURT SYSTEM IS IN NEED OF BASIC REFORMS, ESPECIALLY WITH REGARD TO SELECTION OF JUDGES, PROVISION OF ADEQUATE DEFENSE FOR LOW-INCOME PERSONS, AND JUDICIAL DISCRETION. TO BE EFFECTIVE AGAINST CRIME, SOCIAL POLICY MUST BE LOGICALLY ORGANIZED TO MAKE LAW-ABIDING BEHAVIOR POSSIBLE AND GRATIFYING. (LKM)