NCJ Number
55864
Journal
CRIME ET/AND JUSTICE Volume: 6 Issue: 2 Dated: (1978) Pages: 93-99
Date Published
1978
Length
7 pages
Annotation
REFORM MEASURES OF THE CANADIAN PENAL SYSTEM ARE DISCUSSED WITH A FOCUS ON THE ISSUE OF JUSTICE AND PENAL LAW AS BEING SOCIAL AND POLITICAL RATHER THAN JUDICIAL MATTERS.
Abstract
THE PRINCIPAL PROBLEMS OF THE PENAL SYSTEM, THE INSTRUMENT OF PENAL LAW, INCLUDE THE EXPANSION OF THE PENAL SYSTEM WHICH TENDS TO LIMIT INDIVIDUAL POWER AND MAKE CITIZENS DEPENDENT ON AN IMPERSONAL, BUREAUCRATIC INSTITUTION; EXAGGERATION OF SOCIAL INEQUALITIES; STIGMATIZATION OF ACCUSED INDIVIDUALS; TRANSFER OF RESPONSIBILITY FOR RISKS FROM CRIMINALS TO PRISON PERSONNEL; AND LACK OF COORDINATION AMONG RESPONSIBLE AGENCIES. REFORM REQUIRES AN OVERALL CRIMINAL POLICY LIMITING PENAL INTERVENTION AND INVOLVING CITIZENS IN THE PENAL PROCESSES. INSIGNIFICANT MATTERS NOT REALLY CONSIDERED CRIMINAL MUST BE DECRIMINALIZED AND TRANSFERRED TO ANOTHER SYSTEM OF SOCIAL CONTROL, WHILE OTHER AREAS MUST BE CRIMINALIZED. INTEREST IN PUBLIC PARTICIPATION CAN BE STIMULATED BY OBJECTIVELY EDUCATING THE PUBLIC ABOUT TYPES AND SOCIAL CAUSES OF CRIMES, RESTORING THE IMPORTANT FUNCTION OF THE JURY THROUGH PLEA BARGAINING IN INSIGNIFICANT CASES, INVOLVING CITIZENS IN THE CORRECTIONS SYSTEM AND IN REHABILITATION PROJECTS FOR SUBSTANCE ABUSERS, ENCOURAGING CITIZEN-PUBLIC COOPERATION, AND CHANGING THE ROLE OF THE PRESS AND LAWYERS WHO DO NOT PROVIDE THE PUBLIC WITH OBJECTIVE INFORMATION. SPECIFIC REFORM PROPOSALS RELATE TO LIMITATION OF POLICE DISCRETIONARY POWERS OVER WHICH CASES ARE TO BE INVESTIGATED AND OF USE OF SURVEILLANCE TECHNIQUES, AND RECOGNITION OF POLICE ACTIVITIES NOT ORIENTED TOWARD CRIMINAL CONTROL; SIMPLIFICATION OF THE COURT SYSTEM SO THAT ONLY THE MOST SERIOUS MATTERS REACH THE COURTS; RESTRICTION OF PENAL MEASURES TO SITUATIONS WHERE NO OTHER VISIBLE SOLUTION CAN BE FOUND; RADICAL REDUCTION OF PRISON SENTENCES SO THAT ONLY DANGEROUS OR UNCOOPERATIVE INDIVIDUALS ARE INCARCERATED; REHABILITATION FOR PRISONERS; AND TAILORING NONPRISON PENALTIES TO SUITABLE RETRIBUTION FOR DAMAGES TO VICTIMS. --IN FRENCH (KMD)