APPROACHES TO THE STUDY OF THE CRIMINAL JUSTICE SYSTEM IN AMERICA - AN ANALYSIS AND EVALUATION

• NCJ Number: 42043
• Author(s): J E MONZINGO
• Date Published: 1976
• Length: 283 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: CLAREMONT GRADUATE SCHOOL - DISSERTATION

Annotation

APPROACHES TO THE STUDY OF THE CRIMINAL JUSTICE SYSTEM IN AMERICA MAY BE ROUGHLY CHARACTERIZED ACCORDING TO WHETHER SOCIAL RELATIONSHIPS ARE VIEWED AS MECHANISTIC, ORGANIC, OR AS THE PRODUCT OF A PROCESS.

Abstract

THE APPROACHES WHICH ACCEPT A MECHANISTIC CONCEPTION OF SOCIAL RELATIONSHIPS ARE THE LEGALISTIC AND ECONOMIC APPROACHES. THESE APPROACHES TEND TO BE INDIVIDUALISTIC AND RATIONALISTIC AND TO EMPHASIZE RELATIONSHIPS WHICH ARE COMPETITIVE. THE LEGALISTIC APPROACH INCLUDES TWO PERSPECTIVES WHICH REFLECT THE DUAL ROLE OF THE CRIMINAL JUSTICE SYSTEM IN AMERICA: THE PROTECTION OF INDIVIDUALS FROM EACH OTHER AND THE PROTECTION OF INDIVIDUALS FROM AGENTS OF THE STATE AS THEY ATTEMPT TO PERFORM THE FIRST ROLE. THE ECONOMIC APPROACH IS ESSENTIALLY AN APPLICATION OF ORTHODOX MACROECONOMIC ANALYSIS TO THE PROBLEMS OF THE CRIMINAL JUSTICE SYSTEM, WITH THE MINIMIZATION OF SOCIAL CRIME COSTS THE GOAL. AN ORGANIC VIEW OF SOCIAL RELATIONSHIPS IS CHARACTERIZED BY A HOLISTIC FOCUS, A TENDENCY TO BE LESS RATIONALISTIC THAN THE MECHANICAL VIEW, AND AN EMPHASIS ON COOPERATIVE RELATIONSHIPS. FINALLY, THE PROCESS VIEW OF SOCIAL RELATIONSHIPS FOCUSES ON THE PROCESS OUT OF WHICH SOCIAL ENTITIES ARE GENERATED AND IS LESS STATIC AND MORE RELATIVISTIC THAN THE OTHER APPROACHES CONSIDERED. THE MOST IMPORTANT OF THESE APPROACHES FOR THE STUDY OF THE CRIMINAL JUSTICE SYSTEM ARE LABELING THEORY AND THOSE WORKS WHICH TRY TO PUT LABELING THEORY INTO A BROADER CONTEXT. THE FOCUS OF STUDIES WHICH ADOPT THESE APPROACHES IS ON INDIVIDUAL AND GROUP INTERACTION WHICH EXPLAINS WHY THE SYSTEM WORKS AS IT DOES. THE DIFFERENCES IN THESE APPROACHES ARE ILLUSTRATED BY SHOWING HOW THEY HAVE BEEN APPLIED TO FOUR PROBLEMS ASSOCIATED WITH THE ADJUDICATION OF GUILT - POLICE INTERROGATION, THE EXCLUSIONARY RULE, PRETRIAL DETENTION AND BAIL, AND PLEA BARGAINING. THE CONCLUSION REACHED IS THAT NO ONE APPROACH AS PRESENTLY CONSTITUTED IS SUFFICIENT FOR AN UNDERSTANDING OF THE CRIMINAL JUSTICE SYSTEM OF FOR MAKING POLICY FOR THAT SYSTEM, AND AN ECLECTIC APPROACH IS RECOMMENDED. (AUTHOR ABSTRACT) ...ELW