NCJ Number
56678
Date Published
1977
Length
9 pages
Annotation
THE NATURE OF CRIME AS BEHAVIOR THAT INFLICTS HARM ON OTHERS IS EXPLORED, AND RESTITUTION IS EXAMINED AS A LOGICAL CONSEQUENCE OF THIS UNDERSTANDING OF CRIME, FOLLOWED BY GENERAL DESCRIPTIONS OF CRIME-CAUSE THEORIES.
Abstract
CRIME IS FREQUENTLY UNDERSTOOD AS BEHAVIOR DIRECTED AGAINST THE STATE, BECAUSE IS INVOLVES TRANSGRESSION OF LAWS CONSTRUCTED BY THE STATE; HOWEVER, THE ESSENCE OF MOST CRIMINAL BEHAVIOR LIES IN ITS CONSQUENCES--HARM INFLICTED ON OTHERS. A RATIONAL CRIMINAL JUSTICE SYSTEM WOULD, THEREFORE, FOCUS ON THE HARM DONE BY THE CRIME AND USE THE COERCIVE AND HELPING POWER OF THE STATE TO SEE THAT THE HARM IS CORRECTED. IN SUCH AN APPROACH, CORRECTIONS WOULD INVOLVE CORRECTING THE HARM DONE RATHER THAN CORRECTING THE OFFENDER. THE MODEL FOR THIS KIND OF APPROACH IS FOUND IN A BODY OF TORT LAW AND PROCEDURE. THERE IS ALSO RATIONALE FOR COMBINING CIVIL AND CRIMINAL PROCEEDINGS, AS IS DONE IN SOME EUROPEAN COUNTRIES. IF THE STATE BRINGS CIVIL COURT ACTION ON BEHALF OF THE VICTIM TO COLLECT DAMAGES, AND IF CORRECTIONS INVOLVES THE PROCESS OF AIDING AND COERCING THE OFFENDER TO PAY THE DAMAGES AWARDED, THIS MAY BE MORE EFFECTIVE CRIMINAL JUSTICE THAN THE CURRENT PRACTICE OF PUNISHING OR TREATING THE OFFENDER AND IGNORING THE SUFFERING OF THE VICTIM. SOME OF THE IMPLICATIONS OF THIS APPROACH ARE EXAMINED (SHIFT OF SOME CASES FROM CRIMINAL TO CIVIL COURT, KEEPING OFFENDER IN THE COMMUNITY SO HE CAN EARN WAGES TO PAY DAMAGES, AND DECRIMINALIZATION OF SO-CALLED 'VICTIMLESS' CRIMES). THE FOLLOWING GENERAL THEORIES OF CAUSES OF CRIMES ARE DISCUSSED: (1) BEHAVIOR STIMULATED BY THE DEVIL, (2) AN EXERCISE OF THE FREE WILL IN CHOOSING BEHAVIOR THAT IS PERCEIVED TO BE IN ONE'S INTERESTS, (3) BEHAVIOR COMPELLED BY BIOLOGIAL AND SOCIAL CIRCUMSTANCES, (4) FAULTY MENTAL AND EMOTIONAL DEVELOPMENT, AND (5) BEHAVIOR LEARNED THROUGH INFLUENCE AND IMITATION IN PARTICULAR SOCIAL CONTACTS. (RCB)