NCJ Number
54312
Date Published
1976
Length
18 pages
Annotation
FAIRNESS, RESPONSIBILITY, AND ACCOUNTABILITY ARE NOTED AS SIGNIFICANT ISSUES IN BOTH CIVIL AND CRIMINAL JUSTICE.
Abstract
THE PROPER BALANCE IN THE RATIONING OF JUSTICE HAS BEEN DESCRIBED BY ONE AUTHOR AS FOLLOWS: ONLY WHEN LIBERTY AND EQUALITY ARE LIMITED BY JUSTICE CAN THEY BE RECONCILED SO THAT SOCIETY WILL BECOME WHAT A CONSTITUTIONAL DEMOCRACY SHOULD IDEALLY BE, A SOCIETY OF FREE MEN AND EQUALS. THE CRIMINAL JUSTICE SYSTEM DOES NOT WORK EFFECTIVELY FOR CITIZENS OR FOR THOSE CHARGED WITH CRIMES. THE CRIMINAL PROCESS IS AFFECTED BY DISCRETION FOR WHICH NO ONE IS ACCOUNTABLE: THE POLICE DECISION TO ARREST OR NOT INVOLVES AN EXERCISE OF DISCRETION; THE DECISION TO PROSECUTE OR NOT AND FOR WHAT LEVEL OF CRIMINAL ACTIVITY IS LEFT TO THE ESSENTIALLY UNCONTROLLED DISCRETION OF DISTRICT ATTORNEYS; THE SENTENCING DECISIONS OF JUDGES ARE GENERALLY NOT SUBJECT TO REVIEW; AND THE DECISIONS OF PAROLE BOARDS ABOUT THE ACTUAL RELEASE DATA FOR PRISONERS ARE GIVEN ORDINARILY WITHOUT OPINION AND ARE NOT SUBJECT TO REVIEW. THE UNCERTAINTY AND INEFFECTIVENESS OF THE DISCRETIONARY CRIMINAL PROCESS IS EXACERBATED BY THE FACT THAT THERE IS NO AGREED UPON PURPOSE FOR CRIMINAL SANCTIONS. FOUR PURPOSES ARE COMMONLY ASSERTED FOR IMPRISONMENT (DETERRENCE, ISOLATION TO PREVENT FURTHER CRIMES, REHABILITATION, AND PUNISHMENT). THE MOST SIGNIFICANT PROBLEM IN THE CIVIL JUSTICE SYSTEM IS THAT THERE ARE ABOUT 140 MILLION CITIZENS WHO CANNOT AFFORD PRIVATE ATTORNEYS BUT WHO ARE NOT POOR ENOUGH TO BE ELIGIBLE FOR GOVERNMENT LEGAL ASSISTANCE. THE ANSWER FOR THESE PEOPLE MAY LIE IN GROUP LEGAL SERVICE PLANS, EITHER ON A PREPAID OR INSURED BASIS OR AS A BENEFIT UNDER AN EMPLOYMENT CONTRACT. IN THE ADMINISTRATION OF JUSTICE, GOVERNMENT AND ITS LEADERS MUST BE MADE RESPONSIVE TO THE PUBLIC AND BE HELD ACCOUNTABLE FOR ACTIONS THAT ARE TAKEN, MUST BE CANDID IN ALL DEALINGS OF LEGITIMATE PUBLIC INTEREST, AND MUST TREAT EVERY CITIZEN WITH FAIRNESS AND EQUALITY. PUBLICATIONS OF THE ASPEN INSTITUTE OF HUMANISTIC STUDIES ARE LISTED. (DEP)