NCJ Number
47171
Journal
Center Magazine Volume: 10 Issue: 4 Dated: (JULY/AUGUST 1977) Pages: 16-22
Date Published
1977
Length
7 pages
Annotation
AMERICANS ARE ASKING TOO MUCH OF THE CRIMINAL JUSTICE SYSTEM. LESS RELIANCE ON THE THEORY OF REHABILITATION MAY BE NEEDED; THERE MUST BE A DEGREE OF CERTAINTY IN SENTENCING.
Abstract
ATTEMPTS BY GOVERNMENT AND THE CRIMINAL JUSTICE SYSTEM TO COPE WITH THE DRAMATIC RISE IN THE CRIME RATE SINCE 1960 HAVE BEEN LARGELY INEFFECTUAL. SENTENCING PRACTICES AND ACTIONS BY PAROLE BOARDS REFLECT INCREASING DISSATISFACTION WITH THE REHABILITATION THEORY. THE PROBLEM MAY BE THAT AMERICANS HAVE BEEN ASKING MORE OF THE CRIMINAL JUSTICE SYSTEM THAN IT IS ABLE TO DELIVER; THE CRIMINAL JUSTICE SYSTEM IS NOT THE INSTRUMENT WITH WHICH TO REDUCE CRIME OR TO EFFECT SOCIAL CHANGES THAT WOULD RESULT IN SUCH A REDUCTION. THE SYSTEM MUST HAVE BASIC POLICIES AND GUIDING PHILOSOPHIES BEFORE IT CAN PERFORM WHATEVER TASKS IT IS ALLOCATED. FOREMOST, A CHANGE IN THE EMPHASIS PLACED ON REHABILITATION MAY BE IN ORDER. THERE MUST BE A DEGREE OF PREDICTABILITY AND CERTAINTY OF PUNISHMENT IN SENTENCING. THE QUESTION OF WHETHER MANDATORY OR DISCRETIONARY SENTENCING IS PREFERABLE MUST BE RESOLVED, ALONG WITH THE PROBLEM OF JUDICIAL DISCRETION. THE ROLE OF THE FEDERAL GOVERNMENT IN REDUCING CRIME IS CRITICAL, SINCE THE FEDERAL SYSTEM HAS RESOURCES WHICH ALLOW FOR EXPERIMENTATION THAT THE STATES CANNOT AFFORD. (DJM)