NCJ Number
62449
Date Published
1973
Length
27 pages
Annotation
ISSUES SUCH AS THE HARM OF IMPRISONMENT, CAPITAL PUNISHMENT, AND LAW AND THE PROSECUTION OF CRIME ARE EXPLORED IN THIS COLLECTION OF ARTICLES PRESENTING CONFLICTING VIEWPOINTS REGARDING PUNISHMENT.
Abstract
ACCORDING TO KARL MENNINGER, NOTED PSYCHIATRIST AND AUTHOR, A PRISON SENTENCE DOES NOT RESULT IN REHABILITATION OF THE OFFENDER. THE RECIDIVISM RATE FOR SUCH OFFENSES AS UNSUPPORTED CHECK PASSING IS ALMOST 100 PERCENT. MORE MONEY IS SPENT IN THE ARRESTING, JAILING, PROSECUTING, CONVICTING, AND IMPRISONING THAN IS INVOLVED WITH THE FRAUDULENT CHECK. IF COMMON SENSE PREVAILED, THE WHOLE MATTER WOULD BE SETTLED BY SUPERVISED RESTITUTION AND A PENALTY. THE CONCEPT OF PUNISHMENT, AS IMPLEMENTED TODAY, FAILS BECAUSE PUNISHMENT IN ALL CASES IS NOT AN EFFECTIVE DETERRENT. ABOLITION OF PUNISHMENT DOES NOT MEAN OMISSION OR CURTAILMENT OF PENALTIES. PENALTIES SHOULD BE GREATER, STRICTER, AND QUICKER IN APPLICATION. HOWEVER, VENGEANCE AS A HUMAN MOTIVE, AND AS REFLECTED BY PUNISHMENT, CAN SERVE NO USEFUL PURPOSE. AN OPPOSITE VIEWPOINT, UPHOLDING THE RIGHT TO APPLY CAPITAL PUNISHMENT, ARGUES THAT PUNISHMENT CAN BE RIGOROUS AND EFFECTIVE WHEN THE DEFINITIONS OF RIGHT AND WRONG ARE CLEAR AND UNIVERSALLY AGREED UPON. VARIOUS STUDIES CONSISTENTLY SHOW THAT THE MAJORITY OF THE ADULT POPULATION BELIEVES OUR COURTS DO NOT DEAL WITH CRIMINALS IN A STRICT MANNER. THE ARTICLE SUGGESTS THAT THE TOLERANCE FOR CRIME HAS CORRUPTED THE MORAL RIGHT TO PUNISH SEVERELY. FINALLY, ANOTHER ARTICLE ON LAW AND THE PROSECUTION OF CRIME POINTS OUT THAT THE ATTITUDE TOWARD CRIMINALS HAS BECOME MORE LENIENT AND THAT LAW ENFORCEMENT OFFICIALS HAVE FOUND IT INCREASINGLY DIFFICULT TO DO THEIR JOBS. FOOTNOTES, SKETCHES, AND A PHOTOGRAPH ARE INCLUDED IN THE COLLECTION. (LWM)