NCJ Number
38512
Journal
Minnesota Law Review Volume: 57 Issue: 2 Dated: (DECEMBER 1975) Pages: 289-338
Date Published
1972
Length
50 pages
Annotation
ANALYZES THE DEVELOPMENT OF THE 'CIVIL' RATHER THAN 'CRIMINAL' COMMITMENT OF DEVIANTS TO THE CRIMINAL JUSTICE SYSTEM.
Abstract
ADVANCES IN THE BEHAVIORAL AND BIOLOGICAL SCIENCES ARE SEEN AS THE IMPETUS BEHIND CHANGE FROM RETRIBUTIVE PUNISHMENT TO A MORE THERAPEUTIC MODE OF CORRECTION. IN THE PAST. IN ORDER TO PUNISH OFFENDERS AND DETER CRIME, EMPHASIS WAS PLACED ON MATCHING PUNISHMENT WITH THE HEINOUSNESS OF THE CRIME. SINCE IMPORTANCE IS NOW BEING GIVEN TO REHABILITATING OFFENDERS PRIOR TO THEIR RETURN TO SOCIETY, TRADITIONAL APPLICATIONS OF JUSTICE ARE BEING CRITICIZED AND REVISED. THE AUTHOR SUPPORTS THERAPEUTIC TREATMENT OF OFFENDERS AND VIEWS MANY ASPECTS OF ITS PRACTICE. CONSIDERED ARE LIMITS OF SUCH TREATMENT, PROCEDURES AND THEIR SAFEGUARDS, AND STANDARDS FOR THE EXERCISE OF STATE INTERVENTION AND POLICE POWER.