WHY NIJ (NATIONAL INSTITUE OF JUSTICE) SHOULD BE KEPT WITHIN THE JUSTICE DEPARTMENT

• NCJ Number: 53270
• Journal: Judicature Volume: 62 Issue: 6 Dated: (DECEMBER/JANUARY 1979) Pages: 306-309
• Author(s): K R FEINBERG
• Date Published: 1978
• Length: 4 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: ADAPTED FROM A SPEECH GIVEN BEFORE THE BOARD OF DIRECTORS OF THE AMERICAN JUDICATURE SOCIETY, AUGUST 1978

Annotation

THE CARTER ADMINISTRATION'S PROPOSAL FOR REORGANIZING THE FEDERAL JUSTICE ASSISTANCE EFFORT IS REVIEWED, WITH SPECIAL ATTENTION TO REASONS FOR KEEPING THE RESEARCH FUNCTION WITHIN THE U.S. DEPARTMENT OF JUSTICE.

Abstract

THE LEAA'S AUTHORIZING LEGISLATION EXPIRES IN OCTOBER 1979. THE CARTER ADMINISTRATION AND SENATOR EDWARD KENNEDY HAVE INTRODUCED LEGISLATION TO REORGANIZE LEAA AND TO CREATE A NATIONAL INSTITUTE OF JUSTICE (NIJ) TO REPLACE THE EXISTING NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE (NILECJ), THE LEAA'S RESEARCH ARM. UNDER THE PROPOSAL, THREE DIVISIONS--LEAA, NIJ, AND A NEW STATISTICS BUREAU--WOULD ANSWER DIRECTLY TO A NEW UMBRELLA OFFICE CALLED THE OFFICE OF JUSTICE ASSISTANCE, RESEARCH AND STATISTICS. THE ENTIRE STRUCTURE WOULD BE UNDER THE DIRECT CONTROL OF THE ATTORNEY GENERAL. THE PURPOSES BEHIND THE REORGANIZATION ARE TO IMPROVE THE QUALITY OF RESEARCH BY TAKING THE RESEARCH UNIT OUT OF LEAA, WHERE IT HAS BEEN UNABLE TO PERFORM EFFECTIVELY, TO SEPARATE THE RESEARCH (NIJ) AND FINANCIAL GRANT (LEAA) FUNCTIONS, TO IMPROVE THE QUALITY OF JUSTICE STATISTICS, AND TO EXPAND RESEARCH EFFORTS TO INCLUDE CIVIL AS WELL AS CRIMINAL JUSTICE MATTERS. CITING THE NILECJ'S PROBLEMS ASSOCIATED WITH LACK OF AUTONOMY, CRITICS OF THE CARTER-KENNEDY PROPOSAL SAY THAT THE NIJ SHOULD BE INDEPENDENT OF THE JUSTICE DEPARTMENT. IT IS ARGUED, HOWEVER, THAT THE CARTER-KENNEDY PROPOSAL, BY RETAINING THE NIJ IN THE JUSTICE DEPARTMENT AND BY PROVIDING APPROPRIATE CONTROLS TO ASSURE RESEARCHERS' INDEPENDENCE, STRIKES AN IMPORTANT BALANCE BETWEEN RESEARCH INTEGRITY AND RELEVANCE. AMONG THE CONTROLS ARE THE NIJ DIRECTOR'S FINAL AUTHORITY OVER ALL RESEARCH GRANTS AWARDED BY THE INSTITUTE, AND THE MANDATE FOR A BROAD-BASED ADVISORY BOARD TO GUIDE THE INSTITUTE'S WORK. THE NATIONAL INSTITUTES OF HEALTH IS CITED AS AN EXAMPLE OF HOW THE TYPE OF RESEARCH STRUCTURE PROPOSED IN THE CARTER-KENNEDY LEGISLATION CAN BE SUCCESSFULLY IMPLEMENTED. PRACTICAL REASONS FOR KEEPING THE NIJ WITHIN THE DEPARTMENT OF JUSTICE ARE EXPLAINED, AND POSSIBLE ADVERSE EFFECTS OF CREATING A SEPARATE NIJ (E.G., THE DEVELOPMENT OF UNHEALTHY COMPETITION AMONG THE NIJ, THE JUSTICE DEPARTMENT, AND THE FEDERAL BUREAU OF INVESTIGATION) ARE CITED. IT IS ALSO OBSERVED THAT PLACEMENT OF RESEARCH OUTSIDE THE JUSTICE DEPARTMENT DOES NOT GUARANTEE INDEPENDENCE. (LKM)