NCJ Number
46958
Editor(s)
R E BARNETT,
J HAGEL
Date Published
1977
Length
429 pages
Annotation
THE THEORY AND PHILOSOPHY OF PUNISHMENT AND ALTERNATIVE RESPONSES TO CRIMINAL CONDUCT ARE DISCUSSED IN THIS COLLECTION OF PAPERS.
Abstract
TEN OF THE SEVENTEEN PAPERS WERE PRESENTED AT A 1977 SYMPOSIUM ON 'CRIME AND PUNISHMENT' AT HARVARD LAW SCHOOL. AN INTRODUCTORY SECTION PRESENTS AN OVERVIEW OF THE SCOPE OF THE COLLECTION AND OF THE TYPES OF PROBLEMS AND SOLUTIONS CONSIDERED. THE DEFINITION OF CRIMINAL CONDUCT IS AN IMPORTANT ASPECT OF THE SUBJECT. A PAPER CONCERNED WITH THE CRIMINALIZATION OF SEXUAL IMMORALITY INVESTIGATES THE PROCESS BY WHICH MANY SEXUAL ACTIVITIES THAT DO NOT VIOLATE THE RIGHTS OF OTHER INDIVIDUALS CAME TO BE DECLARED ILLEGAL. A DISCUSSION OF THE USES AND ABUSES OF PSYCHIATRIC DIVERSION PROGRAMS IN THE CRIMINAL JUSTICE SYSTEM CONDEMNS THE ENTIRE CATEGORY OF CRIMINAL DEFENSES INVOLVING INSANITY AND INCOMPETENCE. THE ORIGINS OF CRIMINAL BEHAVIOR ARE EXAMINED, AND THE RESULTS OF A 14-YEAR STUDY IN THIS FIELD ARE SUMMARIZED. THE STUDY CONCLUDES THAT HABITUAL CRIMINALS SHARE CERTAIN DISTINCTIVE THINKING PATTERNS WHICH REPRESENT CONSCIOUS CHOICES MADE AT AN EARLY STAGE IN LIFE. ANOTHER VIEW OF CRIMINAL BEHAVIOR SUGGESTS THAT AN INDIVIDUAL'S PSYCHOLOGICAL ORIENTATION TOWARD THE FUTURE UNDERLIES DISTINCTIVE PATTERNINGS OF ATTITUDES, AND THAT INDIVIDUALS WITH A HIGH DEGREE OF 'PRESENT-ORIENTEDNESS' ARE MORE LIKELY TO COMMIT CRIMES. TWO OTHER PAPERS EVALUATE AND CRITICIZE THIS CONCEPT OF PRESENT-ORIENTATION. THE SECOND GROUP OF PAPERS DEALS WITH PHILOSOPHICAL AND ETHICAL ISSUES OF CRIMINAL RESPONSIBILITY. TWO DISCUSS THE RETRIBUTIVE THEORY OF PUNISHMENT, ONE ADVOCATING PUNISHMENT ACCORDING TO THE CRIMINAL'S MORAL DESSERT, THE OTHER CRITICIZING THIS THEORY AND REJECTING THE POSSIBILITY OF PUNISHMENT AND JUSTICE ALTOGETHER. AN EXAMINATION OF THE TRADITIONAL DISTINCTIONS BETWEEN CRIMINAL AND CIVIL LEGAL PROCESSES SHOWS THEM TO BE JUSTIFIED ONLY BY THE MORALISTIC BASIS OF CRIMINAL LAW, WHICH SEEKS TO JUDGE THE MENTAL STATE OF THE ACCUSED AND TO PUNISH ACCORDINGLY. THE FINAL PAPER IN THIS SECTION CONSIDERS THE VICTIM'S RIGHTS TO SEEK RECTIFICATION OF THE WRONG DONE HIM AND EMPHASIZES THE NECESSITY FOR PROPORTIONALITY OF THE CRIME AND THE SANCTION IMPOSED. THE FINAL SECTION, ALTERNATIVE RESPONSES TO CRIMINAL CONDUCT, FOCUSES PRIMARILY UPON VICTIM COMPENSATION. IT BEGINS WITH A HISTORICAL ANALYSIS OF ONE CRIMINAL SANCTION -- THE TRANSPORTATION OF CRIMINAL OFFENDERS TO DISTANT PENAL COLONIES -- A PUNISHMENT DEVISED TO INCAPACITATE THE OFFENDER BY ISOLATING HIM FROM THE REST OF SOCIETY. ANOTHER HISTORICAL EVALUATION LOOKS AT THE CHANGING CONCEPT OF CRIME IN AMERICA, FROM AN INDIVIDUAL CONCERN TO A SOCIETAL VIEW, AND THE CORRESPONDING DEEMPHASIS ON THE IMPORTANCE OF THE VICTIM IN THE CRIMINAL JUSTICE PROCESS. THREE PAPERS DEAL SPECIFICALLY WITH RESTITUTION. THE FIRST OUTLINES A SYSTEM OF PUBLIC COMPENSATION OF VICTIMS; THE SECOND PROPOSES THE INTEGRATION OF RESTITUTION INTO PRESENT ORGANIZATIONAL STRUCTURES FOR THE SANCTIONING OF CRIMINALS; AND THE THIRD ADVOCATES COMPLETE REPLACEMENT OF THE PRESENT CONCEPT OF CRIME AND PUNISHMENT WITH A RESTITUTIONAL SYSTEM OF CRIMINAL JUSTICE. AN INDEX IS PROVIDED. FOR SELECTED READINGS SEE NCJ 46959-46974. (VDA)