NCJ Number
44015
Journal
Michigan Law Review Volume: 75 Issue: 5 & 6 Dated: (APRIL-MAY 1977) Pages: 813-822
Date Published
1977
Length
10 pages
Annotation
SUBSTANTIVE AND PROCEDURAL ISSUES CONFRONTING THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE UNITED STATES ARE DISCUSSED.
Abstract
THE PROPENSITY OF POLICYMAKERS TO ACCEPT SIMPLISTIC MODELS OF THE CRIME PROBLEM AND TO SEEK READY CURES OFTEN RAISES FALSE HOPES AND DETRACTS FROM MORE REALISTIC EFFORTS. OFTEN DISCUSSION OF PROBLEMS FACING THE CRIMINAL JUSTICE STSTEM IS CHARACTERIZED BY A TRIVIALIZATION OF THE ISSUES. LEGITIMATE LIBERTARIAN CONCERNS, SUCH AS THE NEED TO SCRUTINIZE THE ACTIVITIES OF POLICE AGENCIES, TEND TO ECLIPSE THE FACT THAT CRIMINAL LAW MUST BE ENFORCED. THE NEED TO BALANCE THE 'BLESSINGS OF LIBERTY' WITH 'DOMESTIC TRANQUILITY' OFTEN IS OVERLOOKED. DESPITE A REVIVAL OF INTEREST IN THE REVISION OF CRIMINAL LAW, MORE ATTENTION IS DIRECTED TO ISSUES OF PROCESS AND PROCEDURE THAN TO THE DETERMINATION OF WHO IS OR OUGHT TO BE CONSIDERED A CRIMINAL. A MAJOR ISSUE OF LEGAL POLICY IS THAT OF DECRIMINALIZATION IN SUCH AREAS AS GAMBLING, ADULT SEXUAL BEHAVIOR, AND CONSUMPTION OF ALCOHOL AND OTHER DRUGS. ALTHOUGH THE CONSEQUENCE OF DECRIMINALIZATION IN SOME CASES MAY BE TO WIDEN THE GAP BETWEEN PRIVATE MORAL CONVICTIONS AND THE POLICY OF LAW, THE ONLY FREE SOCIETY LIKELY TO BE ATTAINABLE IS ONE IN WHICH THE LAW TOLERATES DIVERSITY IN INTERPERSONAL RELATIONS, ETHICAL PREFERENCES, AND PRIVATE CONDUCT. THE WARREN COURT, WITH ITS EXPERIMENTS IN THE USES OF JUDICIAL POWER TO ALTER THE NATURE OF CRIMINAL JUSTICE, TOUCHED ON SEVERAL OF THE PROBLEMS CONFRONTING THE ADMINISTRATION OF CRIMINAL JUSTICE. HOWEVER, BY FASHIONING PROCEDURES THAT REQUIRE GREATER USE OF RESOURCES, THE WARREN COURT MAY HAVE EXACERBATED SYSTEMIC MALFUNCTIONS. THE CRIMINAL JUSTICE SYSTEM IS CONFRONTED BY QUANTITATIVE DEMANDS THAT EXCEED THE CAPACITIES OF ITS RESOURCES AND PROCEDURES. THE SYSTEM OF TRIAL BY JURY HAS BEEN REPLACED BY A SYSTEM FOCUSED ON OBTAINING GUILTY PLEAS. SUCH MALFUNCTIONING MAY RESULT IN LOSS OF THE INTEGRITY AND CREDIBILITY OF THE LAW AND ITS INSTITUTIONS. REFORM MOVEMENTS OFTEN FAIL TO PERCEIVE THE INTERRELATEDNESS OF THE CRIMINAL JUSTICE SYSTEM, OVERLOOKING THE EFFECTS THAT CHANGES IN ONE STAGE WILL HAVE ON OTHER STAGES. ANOTHER COMMON ERROR IS THE RELIANCE ON IMPROVED MANAGERIAL PRINCIPLES IN SITUATIONS IN WHICH THE BASIC PROBLEM IS A DEFICIENCY IN RESOURCES. CARE MUST BE TAKEN NOT TO ALLOW THE TREND AWAY FROM THE REHABILITATIVE IDEAL AND TOWARD DETERRENCE AND INCAPACITATION TO DEGENERATE INTO REPRESSION.