NCJ Number
1872
Date Published
1969
Length
139 pages
Annotation
THE CENTRAL PROBLEM OF CRIMINAL JUSTICE REMAINS ESSENTIALLY THE POLITICAL ONE OF THE RELATIONSHIP BETWEEN THE INDIVIDUAL CITIZEN AND THE STATE.
Abstract
THE BORDERLAND REFERS TO THE FACT THAT WHILE THE FINDINGS OF THE BEHAVIORAL SCIENCES ARE IMPORTANT TO THE FUNCTION OF THE CRIMINAL JUSTICE SYSTEM, THE SYSTEM IS NOT THE PROPER VEHICLE FOR THE ADMINISTRATION OF SOCIAL SERVICES. EFFORTS TO EMPLOY THIS REHABILITATIVE IDEAL HAVE RESULTED IN INEFFICIENCY AND HAVE THREATENED INDIVIDUAL LIBERTIES AND DIGNITY, SINCE WE LACK THE KNOWLEDGE OF HUMAN BEHAVIOR AND THERAPEUTIC TECHNIQUES THAT WE CLAIM TO POSSESS. IT HAS BEEN THIS CONCERN WITH REHABILITATION, PSYCHIATRY, SOCIOLOGY, SOCIAL CASE WORK, AND SOCIAL PSYCHOLOGY THAT HAS LED TO NEGLECT IN THE AREAS OF SUBSTANTIVE CRIMINAL LAW AND DETERRANCE. WHO THE CRIMINAL IS AND WHO BECOMES ELIGIBLE FOR TREATMENT AND THERAPY IS LARGELY DETERMINED ON HOW WE DEFINE CRIME. IN THIS CONTEXT JUVENILE COURTS, CAPITAL PUNISHMENT, CRIMINAL RESPONSIBILITY, AND REFORM ARE DISCUSSED. (AUTHOR MODIFIED)