REDISCOVERING PUNITIVE JUSTICE (FROM CHILDREN OF ISHMAEL - CRITICAL PERSPECTIVES ON JUVENILE JUSTICE, 1978, BY BARRY KRISBERG AND JAMES AUSTIN - SEE NCJ-47012

• NCJ Number: 47019
• Author(s): C SCHRAG
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Mayfield Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM CRIMINOLOGY, V 14, N 4 (FEBRUARY 1977) P 569-573

Annotation

THE PAPER EXAMINES THE GROWING VIEW THAT THE SOLE FUNCTION OF THE CRIMINAL JUSTICE SYSTEM SHOULD BE ADMINISTERING PUNISHMENT.

Abstract

THERE IS A RAPIDLY GROWING NUMBER OF WORKS ADVOCATING GREATER USE OF PUNITIVE METHODS IN CRIME CONTROL. THREE OF THESE IN PARTICULAR ARGUE THAT CRIME PREVENTION THROUGH PROGRAMS OF SOCIAL REFORM IS NOT WITHIN THE PURVIEW OF CRIMINAL JUSTICE: 'THINKING ABOUT CRIME,' 1975, BY JAMES Q. WILSON (NCJ-18182); 'PUNISHING CRIMINALS: CONCERNING A VERY OLD AND PAINFUL QUESTION,' 1975, BY ERNEST VAN DEN HAAG (NCJ-29580); AND 'WE ARE THE LIVING PROOF: THE JUSTICE MODEL FOR CORRECTIONS,' 1975 BY DAVID FOGEL (NCJ-28601). THE MAIN BUSINESS OF THE COURTS IS SENTENCING CONVICTED OFFENDERS, AND SINCE THE TREATMENT OF OFFENDERS IS REGARDED AS HAVING LITTLE EFFECT ON EITHER RECIDIVISM OR THE AMOUNT OF CRIME, THE PURPOSE OF CORRECTIONS SHOULD BE TO ISOLATE AND TO PUNISH. PUNISHMENT IS JUSTIFIED ON GROUNDS OF BOTH UTILITY (DETERRENCE) AND FUNDAMENTAL FAIRNESS (JUST DESERTS). HOWEVER, NONE OF THE THREE BOOKS ARE CONCERNED WITH JUST DESERTS IN THE CASE OF WHITE COLLAR CRIME, AND THEY ARE UNCONCERNED WITH THE PROBLEM OF POLITICAL CORRUPTION. THEY ALSO CONTEND THAT JUDICIAL DISCRETION IS THE REASON WHY COMMON CRIMINALS ARE NOT PUNISHED; HOWEVER, STATISTICS SHOW THAT MOST CRIMES GO UNREPORTED OR FOR SOME OTHER REASON ARE NOT REFERRED TO THE COURTS. THEREFORE, THE CONTENTION THAT COURTS AND CORRECTIONS ARE TO BLAME FOR THE FAILURE OF PUNISHMENT IS ERRONEOUS. IN ADDITION, THEIR STATEMENTS THAT INCAPACITATION IN PRISON PREVENTS A SIGNIFICANT AMOUNT OF CRIME IN THE FREE COMMUNITY IS ALSO SHOWN TO BE INCORRECT BY STATISTICS. BASED ON UNIFORM PAROLE REPORTS, IF THE NUMBER OF PRISONERS PAROLED IN 1 YEAR WERE REDUCED BY 25,000, THERE WOULD BE APPROXIMATELY 2,500 CRIMES PREVENTED BY DETAINING THEM -- AN INSIGNIFICANT FIGURE COMPARED TO THE 8 TO 10 MILLION OFFENSES REPORTED ANNUALLY. IN ADDITION, THE COSTS OF MAINTAINING THESE 25,000 IN PRISON FOR THAT YEAR WOULD BE EXTREMELY HIGH -- ABOUT $34,675 FOR EACH OFFENSE THEIR INCARCERATION WOULD PREVENT. A FURTHER POINT IS THAT DELAYED PAROLE RARELY MEANS PERMANENT INCARCERATION, AND THE LONGER THE TERM OF IMPRISONMENT, THE GREATER THE RISK OF RECIDIVISM. INCARCERATION COSTS MORE AND ACHIEVES LESS THAN OTHER FORMS OF PUNISHMENT. NO NOTES OR REFERENCES ARE PROVIDED BESIDES THE THREE BOOKS THAT FORMED THE BASIS OF THE DISCUSSION. (VDA)