STATUS OF OFFENDER RESPONSIBILITY (FROM REFORM IN CORRECTIONS - PROBLEMS AND ISSUES, 1977, BY HARRY E ALLEN AND NANCY J BERAN - SEE NCJ-46620)

• NCJ Number: 46631
• Author(s): R R DEMING
• Date Published: 1977
• Length: 7 pages
• Corporate Author: Praeger Publishers
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE SYNTHESIS OF THE THESIS OF FREE WILL AND THE ANTITHESIS OF SCIENTIFIC DETERMINISM IS EXAMINED IN TERMS OF OFFENDER RESPONSIBILITY TO THE SOCIAL ORDER NECESSARY FOR CRIME PREVENTION AND REHABILITATION.

Abstract

THE CONCEPT OF OFFENDER RESPONSIBILITY IS SEEN AS THE REAL ISSUE IN THE HISTORIC DEBATE BETWEEN THE FREE-WILL POSITION OF THE CLASSICAL SCHOOL OF CRIMINOLOGY AND THE DETERMINISTIC POSITION OF THE POSITIVISTIC SCHOOL. THE AUTHOR AGREES WITH THE SUGGESTIONS OF OTHERS THAT EACH OF THE TWO SCHOOLS HAS LEFT ITS LEGACY. THE CLASSICAL SCHOOL LEFT ITS MARK IN PROVIDING WESTERN CULTURE WITH THE PROCEDURE OF CRIMINAL JURISPRUDENCE. THE LEGACY OF THE POSITIVISTIC SCHOOL IS THE PROVISION OF THE SCIENTIFIC METHOD TO THE STUDY OF CRIME CAUSATION AND THE FOCUS OF ATTENTION ON THE OFFENDER RATHER THAN THE OFFENSE. THE SCHOOLS HAVE LEFT A LEGACY OF CONFLICT AS WELL, SINCE THE ACCUSED IS TREATED AS RESPONSIBLE IN THE COURTS BUT AS NOT RESPONSIBLE IN CORRECTIONS. AFTER ARGUING THAT SOME OF THE POSITIVISTS WERE IN FACT ADVOCATES OF OFFENDER RESPONSIBILITY, THE AUTHOR CITES A NUMBER OF RECENT DEVELOPMENTS THAT APPEAR SUPPORTIVE OF THE CONCEPT, INCLUDING VICTIMOLOGY, REALITY THERAPY, CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN, TRANSACTIONAL ANALYSIS, AND BEHAVIOR MODIFICATION. (RCB)