NCJ Number
67319
Date Published
1977
Length
294 pages
Annotation
THIS CASE STUDY OF AN UNSUCCESSFUL 1976 LEGISLATIVE ATTEMPT IN FLORIDA (SB 615 AND HB 3595) TO REVISE THE CRIMINAL LAW PRESENTS AN ANALYSIS OF THE THEORETICAL PERSPECTIVES OF LAWMAKING.
Abstract
THE HISTORY OF SB 615 AND HB 3595 IS NARRATED AND THE ISSUES WHICH FORMED THE LEGISLATIVE MOOD WHICH WAS THE BASIS FOR THE PROCESS ARE PRESENTED. DISCUSSION FOCUSES ON THREE THEORETICAL PERSPECTIVES OF CRIMINAL LAWMAKING. THESE THREE MODELS PROVIDE ALTERNATIVE EXPLANATIONS OF HOW RULES ARE CREATED, WHOSE INTEREST THEY REPRESENT, AND WHAT FACTORS ACCOUNT FOR THE ACTUAL CONTENT OF THE LAW. THE CONSENSUS MODEL ASSUMES THAT THERE IS A FUNDAMENTAL VALUE-CONSENSUS IN SOCIETY WHICH IS REFLECTED IN LAWMAKING. THE CONFLICT PERSPECTIVE CONTENDS THAT THE CRIMINAL LAW INCORPORATES THE INTERESTS OF SPECIFIC PERSONS AND GROUPS OF SOCIETY, SPECIFICALLY THOSE WHO HAVE THE POWER TO TRANSLATE THEIR INTERESTS INTO PUBLIC POLICY. THE PLURALIST CONCEPTION PRESENTS A VIEW OF LAWMAKING IN TERMS OF OVERLAPPING INTEREST GROUPS. EVENTS SURROUNDING THE INITIATION, LEGISLATIVE HISTORY, AND VETO OF SB 615 ARE ANALYZED IN VIEW OF THESE MODELS. MAJOR SOURCES OF DATA FOR THE STUDY WERE INTERVIEWS WITH PERSONS WHO GENERATED THE IDEA OF SB 615 OR EFFECTED ITS LEGISLATION, SOURCE MATERIALS (LEGISLATIVE JOURNALS, BOOKS, NEWSPAPER ARTICLES, PAMPHLETS, COMMITTEE REPORTS, PRIVATE CORRESPONDENCE), AND PROPOSALS, DRAFTS AND THE BILLS CONSIDERED BEFORE INTRODUCTION TO THE LEGISLATURE. FINDINGS DEMONSTRATE THE NEED FOR A MORE COMPREHENSIVE MODEL OF LEGISLATIVE LAWMAKING WHICH MERGES THE ESSENTIAL PROPERTIES OF THE THREE MODELS WITH ORGANIZATIONAL ANALYSIS. THIS MODEL ALSO EMPHASIZES THE IMPORTANCE OF THE TRANSFER AND FEEDBACK FOR THE INFORMATION FLOW OF AN ORGANIZATION. FOOTNOTES ARE INCLUDED. AN APPENDIX LISTS MEMBERS OF THE FLORIDA SENATE AND HOUSE OF REPRESENTATIVES (REGULAR SESSION, 1976). APPROXIMATELY 150 REFERENCES ARE GIVEN. (AUTHOR ABSTRACT MODIFIED)