ROLE AND USEFULNESS OF THE PUBLIC IN THE ELABORATION OF CRIMINAL POLICY

• NCJ Number: 59910
• Journal: Criminologie Volume: 12 Issue: 1 Dated: SPECIAL ISSUE (1979) Pages: 6-23
• Author(s): Y BRILLON
• Date Published: 1979
• Length: 18 pages
• Corporate Author: Presses de L'universite de Montreal
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: French
• Country: Canada

Annotation

THE PURPOSE OF RESEARCH ON PUBLIC ATTITUDES TOWARD CRIMINAL POLICY AND THE USEFULNESS OF SUCH RESEARCH FOR CRIMINOLOGY AND THE ADMINISTRATION OF CRIMINAL JUSTICE ARE INVESTIGATED.

Abstract

STATISTICS INDICATE A CONSIDERABLE GROWTH OF VIOLENT CRIME SINCE 1949 IN BOTH THE UNITED STATES AND CANADA, ESPECIALLY IN URBAN AREAS. AS A RESULT, THE MACHINERY OF THE JUSTICE SYSTEM HAS BECOME UNABLE TO HANDLE THE VOLUME OF CRIMES: THE NUMBER OF INDICTMENTS HAS DROPPED WHILE SENTENCES HAVE BECOME MORE LIBERAL THROUGH SUCH PRACTICES AS PLEA BARGAINING. THE FUNCTIONAL INCAPACITY OF THE SYSTEM HAS BEEN AGGRAVATED FURTHER BY SQUABBLING AMONG VARIOUS AGENCIES (POLICE AND COURTS) AS WELL AS BY DISPARITIES BETWEEN THE IDEAL OBJECTIVES OF LAW AND THE RESULTS ACHIEVED. THE TENDENCY OF THE SYSTEM TO FOCUS ON CRIMES COMMITTED BY THE DISADVANTAGED AND THE WIDE DIVERSITY OF THE GENERAL POPULATION MAKE APPARENT THE NEED FOR DECRIMINALIZATION, WHICH RETURNS CERTAIN SOCIAL PROBLEMS TO THE COMMUNITY FOR RESOLUTION. BUT REFORM IS IMPOSSIBLE WITHOUT ACCURATE IDENTIFICATION OF PUBLIC ATTITUDES. THREE DISTINCT AREAS FOR RESEARCH ARE (1) THE MORPHOLOGY AND ECOLOGY OF CRIME, (2) PENAL INSTITUTIONS AND THEIR ORGANIZATION, AND (3) COLLECTIVE ATTITUDES TOWARD THE PHENOMENON OF CRIME AND THE JUSTICE SYSTEM, INCLUDING STATISTICS ON REPORTED AND UNREPORTED CRIMES, DATA ON WHICH CRIMINALS ARE CAPTURED, AND ANALYSIS OF WHY THIS IS SO. RESEARCH ON PUBLIC ATTITUDES SHOULD EXTEND TO BOTH IN-GROUPS (POLICE AND JUDGES) AND OUT-GROUPS (GENERAL POPULATION, VICTIMS, ETHNIC MINORITIES) AND SHOULD TOUCH ON VARIOUS ASPECTS OF CRIMINAL POLICY (LAWS, PENALTIES), AS WELL AS ON ORGANIZATIONAL INTERACTION. COGNITIVE, AFFECTIVE, AND CONATIVE ELEMENTS OF OPINION SHOULD BE MEASURED. PURPOSES OF RESEARCH ARE TO DEVELOP A SOCIOLOGICAL APPROACH TO LAW; TO CREATE INTERACTION BETWEEN LAW, JUSTICE, AND PUBLIC OPINION; TO SUPPLY GENERALLY COMPREHENSIBLE, EMPIRICALLY BASED CRITERIA FOR LEGISLATIVE REFORM; TO EVALUATE THE EFFICIENCY OF LAW AND THE PENAL SYSTEM; AND TO ESTABLISH AREAS IN WHICH PUBLIC EDUCATION IS REQUIRED. A BIBLIOGRAPHY IS FURNISHED. --IN FRENCH. (KMD)