NCJ Number
64353
Date Published
1979
Length
284 pages
Annotation
THE FATE OF JUSTICE IN A BUREAUCRATIC SYSTEM IS EXAMINED, WITH EXAMPLES DRAWN FROM THE PROCESS BY WHICH CRIMINAL OFFENDERS ARE CHARGED WITH CRIMES. AMONG TOPICS DISCUSSED ARE LAW, CRIME, CASEMAKING, AND SOCIAL POLICY.
Abstract
A DISCUSSION OF LAW, JUSTICE AND THE CONSTRUCTION OF CRIME DELINEATES THE DIFFERENCES BETWEEN THE TRADITIONAL AND BUREAUCRATIC ADMINISTRATION OF JUSTICE. THE CONSEQUENCES OF THE TRANSFORMATION OF TRADITIONAL JUSTICE BY BUREAUCRATIC ADMINISTRATION ARE HIGHLIGHTED BY THE CHANGING RELATIONSHIP BETWEEN LAW AND DISCRETION. STRAINS IN THE ADMINISTRATIVE CONSTRUCTION OF CRIME ARE CONSIDERED WITH REFERENCE TO FAULTY LEGISLATION AND THE CONSTRUCTION OF CRIMES, AMBIGUITY AND THE CONSTRUCTION OF CRIME, AND SOCIAL STRAINS IN THE CONSTRUCTION OF CRIME. ONE FUNDAMENTAL THESIS PRESENT THROUGHOUT THIS DISCUSSION IS THAT DETECTIVE BUREAUS OF POLICE DEPARTMENTS AND PROSECUTOR'S OFFICES PLAY THE DOMINANT POSITIONS IN THE ORGANIZATION OF PROSECUTION. AN EXAMINATION OF THE CRAFT OF CASEMAKING PRESENTS TWO CASES OF STEALING, ONE INVOLVING THEFT FROM A PERSON AND THE OTHER THEFT FROM A PLACE. ALSO CONSIDERED ARE TWO DRUG CASES, SERIOUS AND NONSERIOUS. A THEORY OF DISPOSITIONS IS PRESENTED INVOLVING SUCH FACTORS AS TWO VIEWS OF THE CHARGING DECISION, THE SERIOUSNESS OF CRIMES, SINISTERNESS OF CHARACTER, THE MEASUREMENT OF PAIN, THE MORALITY OF CHARGING, THE PRESUMPTION OF GUILT, AND AN OPERATIONAL MORALITY OF FAIRNESS. FINALLY, A DISCUSSION OF BUREAUCRATIC JUSTICE, CRIME, AND SOCIAL POLICY EXAMINES THE ORGANIZATIONAL CONTEXT OF BUREAUCRATIC JUSTICE, INCLUDING THE LEGAL THEORY OF AUTHORITY IN THE ORGANIZATION OF PROSECUTION; BUREAUCRATIC INVERSION OF LEGAL AUTHORITY; AND THE ROLE OF THE JURY IN BUREAUCRATIC JUSTICE. ALSO EXAMINED ARE PLEA BARGAINING, A CONTRACTUAL THEORY OF GUILTY PLEAS, AND POLICY ISSUES. TABLES, REFERENCES NOTES, AN INDEX, AND TWO APPENDIXES CONTAINING METHODOLOGY INFORMATION AND HYPOTHETICAL SITUATIONS ARE INCLUDED. (PRG)