TREATMENT OF DEVIANCE - A PRODUCT OF PHILOSOPHIC BELIEFS (FROM CONFERENCE ON CORRECTIONS, 1978, BY VERNON FOX SEE NCJ-59701)

• NCJ Number: 59713
• Author(s): G STEPHENS
• Date Published: 1978
• Length: 10 pages
• Corporate Author: Ctr for Professional Development and Public Service; Florida State University
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

DEVIANCE IS VIEWED AS A PRODUCT OF PHILOSOPHICAL BELIEFS HELD BY AN INDIVIDUAL, AND THE RELEVANCE OF PHILOSOPHY TO CRIMINAL JUSTICE IS DEMONSTRATED IN AN EXAMPLE OF A SENTENCING DECISION.

Abstract

PHILOSOPHICAL BELIEFS ARE DEFINED AS COLLECTIVE VALUES, EXPLANATIONS OF PHENOMENA, AND OTHER CONSTRUCTS ACCEPTED BY INDIVIDUALS. HUMAN BEHAVIOR AND DECISIONS ARE PRODUCTS OF THE PHILOSOPHICAL BELIEFS OF INDIVIDUALS. AS PEOPLE GROW OLDER, CHANGES IN BASIC BELIEFS OCCUR LESS OFTEN AND LESS EASILY. THUS, ESPECIALLY AMONG ADULTS, RECOGNIZING PHILOSOPHICAL BELIEFS AT THE BASE OF A PERSON'S MANIFESTED BEHAVIOR HELPS IN UNDERSTANDING AND IN PREDICTING THAT PERSON'S BEHAVIOR AND DECISIONS IN A GIVEN SITUATION. PHILOSOPHY OFFERS CORRECTIONAL PRACTITIONERS A BETTER UNDERSTANDING OF ACTORS IN THE CRIMINAL JUSTICE ARENA. THE RELEVANCE OF PHILOSOPHY TO CRIMINAL JUSTICE IS ILLUSTRATED BY AN EXAMPLE INVOLVING A SENTENCING DECISION. IN THE EXAMPLE, THERE IS A CONTINUUM OF RESPONSIBILITY AND PHILOSOPHICAL BELIEFS ABOUT THE ORIGIN OF HUMAN BEHAVIOR THAT RUNS FROM FREE WILL AND FULL RESPONSIBILITY TO THE ABSENCE OF CHOICE AND NO RESPONSIBILITY. THE AREA BETWEEN CHOICE IS INFLUENCED BY OTHER FACTORS AND RESPONSIBILITY IS MITIGATED BY CIRCUMSTANCES. POLAR POSITIONS ARE TERMED FREE WILL AND HARD DETERMINISM. IN EVALUATING APPROACHES TO DEVIANT BEHAVIOR, IT MUST BE RECOGNIZED THAT EACH APPROACH BEGINS WITH A CONCEPT OR PHILOSOPHICAL BELIEF. FOR EXAMPLE, SOME PEOPLE BELIEVE DEVIANCE IS CAUSED BY THE INFLUENCE OF OTHER WORLD FORCES (SPIRITS AND DEMONS). DEVIANCE ALSO IS VIEWED AS THE RESULT OF AN INDIVIDUAL'S SEARCHING FOR PLEASURE AND AVOIDANCE OF PAIN. OTHERS HOLD THAT DEVIANCE IS THE PRODUCT OF A COST-BENEFIT ANALYSIS, IS THE RESULT OF BIOLOGICAL DEFECTS IN THE INDIVIDUAL, IS CAUSED BY A BAD ENVIRONMENT, IS STRICTLY A PRODUCT OF CULTURE, IS A NORMAL AND NECESSARY PHENOMENON OR FUNCTION IN SOCIETY, AND CAN BE DEFINED ONLY WHEN CONSIDERING THE RELATIONSHIP BETWEEN A SPECIFIC ACT AND SPECIFIC CIRCUMSTANCES. NOTES ARE INCLUDED. (DEP)