Ultimate Human Right - Governmental Protection From Crime and Violence (From Forgotten Victims - An Advocate's Anthology, P 103-114, George Nicholson et al, ed. - See NCJ-41467)

• NCJ Number: 73663
• Author(s): G Nicholson; T W Condit
• Date Published: Unknown
• Length: 12 pages
• Sale Source: Veterans Admin
• Language: English
• Country: United States of America

Annotation

Many courts' extreme deference to the rights of the accused while being indifferent to the right of the public to be protected from crime and violence is condemmed; surer and firmer sentencing according to the severity of an offense is advocated.

Abstract

Constant elaboration and discussion of the rights of the accused have, at the very least, given the appearance of injustice. As a result, the public has rebuked the courts as effective instruments for deterring and reducing crime. The inability of the correctional system to deal with repeat offenders generally and the concept of rehabilitation in particular are also significant factors in creating an appearance of injustice. Rehabilitation through treatment as the primary purpose of sentencing needs reexamination, because it is neither just nor effective. It ignores moral responsibility for criminal acts and is inequitable, because it punishes offenders for what they are rather than what they have done. It is also ineffective, because involuntary treatment of offenders has not reduced recidivism. Fair and certain punishment, on the other hand, has been shown to reduce crime. Criminal law would do well to provide a just and certain structure of sanctions and neutralization for offenders according to the severity of the offense committed. Footnotes which include references are provided.