NCJ Number
13651
Date Published
1970
Length
291 pages
Annotation
STUDY OF THE SOCIOPOLITICAL CHARACTER OF CRIME AND CRIMINAL JUSTICE.
Abstract
THE AUTHOR ARGUES THAT, DESPITE SPORADIC ATTEMPTS AT MODERNIZATION, THE ADMINISTRATION OF JUSTICE IS STILL ROOTED IN THE EIGHTEENTH AND NINETEENTH CENTURIES AND DOES NOT CORRESPOND TO CONTEMPORARY NEEDS. REFORMS IN WHICH OUTDATED AND INEFFECTIVE CRIMINOLOGICAL THEORIES PLAY A PREDOMINANT PART CANNOT INCREASE THE VALIDITY OF A JUSTICE WHICH IS ITSELF OBSOLETE - A NEW TYPE OF CRIMINAL JUSTICE IS REQUIRED. IN EXAMINING THE MAIN SHORTCOMINGS OF CONTEMPORARY CRIMINAL JUSTICE, THE AUTHOR GIVES PARTICULAR ATTENTION TO THE PREVALENCE OF TRADITIONAL PATTERNS AND TECHNIQUES IN THE FORMULATION AND APPLICATION OF CRIMINAL LAW, THE PERSISTENT DOGMATIC APPROACH TO PENAL SANCTIONS, AND THE OBSOLETE ORGANIZATION OF PENAL SYSTEMS. THE REMEDIES THAT ARE USUALLY APPLIED IN THESE CASES ARE ALSO DISCUSSED. HE LOOKS CLOSELY AT WHAT HE CONSIDERS THE UNJUSTIFIED CLAIM THAT THE PURPOSE OF CRIMINAL JUSTICE IS THE REHABILITATION OF THE OFFENDER AND NOT SOCIAL JUSTICE. THE ROLE OF THE POLICE, REGARDED AS PART OF THE CRIMINAL JUSTICE MACHINERY, IS ANALYZED, AS WELL AS THAT OF CURRENT JUDICIAL ORGANIZATION, CRIMINAL LAW, AND PRISON SYSTEMS. ALSO STUDIED ARE THE ROLE OF POLITICS IN CRIMINAL JUSTICE AND THE DIFFICULTY OF FORMULATING A CRIMINAL POLICY IN ACCORDANCE WITH CONTEMPORARY PENAL NEEDS. SUPPORTING DATA ARE MAINLY DRAWN FROM SOURCES IN THE UNITED STATES, BRITAIN, AND FRANCE. THE BOOK CONCLUDES WITH AN EXAMINATION OF THE MAIN OBSTACLES TO THE FORMULATION OF NEW CRIMINAL POLICIES. IT ALSO PUTS FORWARD PROPOSALS FOR THE FOUNDATIONS ON WHICH A NEW CRIMINAL JUSTICE SHOULD BE BUILT SO AS TO REDUCE THE PRESENT CONTRIBUTION OF CRIMINAL JUSTICE TO THE INCREASE OF CRIME AND TO MAKE LAW ENFORCEMENT A SOCIAL FUNCTION, AS DISTINCT FROM A DETACHED PROFESSIONAL OCCUPATION. (AUTHOR ABSTRACT)