NCJ Number
80591
Editor(s)
M Tonry,
N Morris
Date Published
1981
Length
358 pages
Annotation
This volume of commissioned essays includes papers on victimization surveys, psychological research on eyewitness testimony, modern security systems and private police, historical trends in violent crime, and the use and misuse of questioning under hypnosis in court. It also presents a paper on the philosophies of human rights and their implications for criminal justice theory as well as a critique of recent social histories of punishment.
Abstract
An assessment of victimization surveys observes that the National Crime Surveys show crime to be relatively rare and far from uniformly or randomly distributed in the population. Eventually, these surveys may constitute an extremely valuable social indicator. A paper on hypnosis reveals that although hypnosis may be helpful in the context of a criminal investigation when memory loss is involved, full and independent corroboration is needed for all statements made under hypnosis. Next, a review of studies on eyewitness testimony notes that jurors seem to place too much reliance on this testimony. One safeguard devised to protect individuals from the damaging consequences of eyewitness testimony is the use of expert psychological testimony on the reliability of eyewitness accounts. An essay on recent social histories of punishment argues that in order for a new social history of order, authority, law, and punishment to emerge, three basic ideas must be empirically examined: that the state enjoys a monopoly of the punitive sanction, that its moral authority and practical power are the binding sources of social order, and that all social relations can be described in the language of power and domination. An examination of the growth of modern private security raises fundamental questions about sovereignty, justice, and individual liberty. Another essay states that the human rights perspective becomes central in relation to decriminalization, mens rea, deterrence, prisons, capital punishment, sentencing, and institutions and principles of punishment under the criminal law. A final paper presents a critical review of the evidence pertaining to historical trends in violent crime in England and the United States. Tables, footnotes, and references for each paper are provided. For separate papers, see NCJ 80592-97.