NCJ Number
54488
Journal
Police Magazine Volume: 2 Issue: 2 Dated: (MARCH 1979) Pages: 34-37
Date Published
1979
Length
4 pages
Annotation
CHARLES E. SILBERMAN, AUTHOR OF 'CRIMINAL VIOLENCE, CRIMINAL JUSTICE,' IS INTERVIEWED REGARDING HIS IDEAS ABOUT CRIME AND THE CRIMINAL JUSTICE SYSTEM.
Abstract
SILBERMAN'S BOOK HAS ATTRACTED CONSIDERABLE ATTENTION, AS DID HIS EARLIER BOOKS ON RACE PROBLEMS ('CRISIS IN BLACK AND WHITE') AND EDUCATION ('CRISIS IN THE CLASSROOM'). IN HIS BOOK, SILBERMAN CONTENDS THAT CRIME IS ESSENTIALLY A RACE PROBLEM AND THAT, UNTIL THE ROOT CAUSES OF CRIME ARE ELIMINATED, LAW ENFORCEMENT STRATEGIES CAN HAVE LITTLE IMPACT. AMONG HIS MORE CONTROVERSIAL ASSERTIONS ARE THAT MOST CRIMINALS EVENTUALLY GET CAUGHT AND PUNISHED, THAT PLEA BARGAINING SHOULD NOT BE ABOLISHED, THAT FEW SERIOUS CRIMINALS ESCAPE PUNISHMENT BECAUSE OF LENIENT JUDGES, AND THAT POLICE HAVE NOT BEEN HAMPERED BY SUCH U.S. SUPREME COURT HOLDINGS AS THE MIRANDA DECISION AND THE EXCLUSIONARY RULE. IN THE INTERVIEW, SILBERMAN POINTS OUT FALLACIES IN THE ECONOMIC THEORY OF CRIME, NOTES THE EXTENT TO WHICH THE POLICE ARE DEPENDENT ON CITIZENS FOR INFORMATION LEADING TO ARRESTS, AND ADVOCATES IMPROVED POLICE-COMMUNITY RELATIONS AND GREATER ATTENTION TO THE ROLE OF POLICE AS COMMUNITY MEDIATORS. HE CRITICIZES THE TENDENCY OF LAW ENFORCEMENT TO REGARD TECHNOLOGY AS A PANACEA AND EXPRESSES DOUBT REGARDING THE VALIDITY OF COLLEGE EDUCATION AND RESIDENCY REQUIREMENTS FOR POLICE. SILBERMAN ALSO COMMENTS ON THE 'OVERREACH' OF CRIMINAL LAW IN THE AREAS OF GAMBLING AND HOMOSEXUALITY, ON THE NEED TO TREAD CAREFULLY IN REFORMING DRUG LAWS, AND ON THE NEED TO EXPLORE A FEDERAL MONOPOLY ON GUN MANUFACTURE AND IMPORTATION AS A GUN CONTROL STRATEGY. SILBERMAN REJECTS THE NOTION (ATTRIBUTED TO JAMES Q WILSON) THAT THE CRIME PROBLEM IS ONE OF SOCIAL CLASS RATHER THAN OF RACE, POINTING OUT THAT ALTHOUGH NEW YORK CITY PUERTO RICANS ARE POORER, LESS EDUCATED, AND HAVE LIVED IN THE CITY A SHORTER TIME THAN BLACKS, BLACKS ARE ARRESTED FOR VIOLENT CRIMES FOUR TIMES AS OFTEN AS PUERTO RICANS. SILBERMAN ALSO CITES WAYS IN WHICH DATA ON SENTENCING DISCRIMINATION CAN BE MISLEADING. REFLECTING ON THE COMMENT IN HIS BOOK THAT THE CULTURAL DEVICES THAT ONCE KEPT BLACK VIOLENCE UNDER CONTROL HAVE BROKEN DOWN AND HAVE NOT BEEN REPLACED BY NEW CULTURAL CONTROLS, SILBERMAN OBSERVES THAT THESE NEW CONTROLS MUST COME FROM WITHIN THE BLACK COMMUNITY. (LKM)