NCJ Number
75944
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 4 Issue: 2 Dated: (Winter 1980) Pages: 113-124
Date Published
1980
Length
12 pages
Annotation
This article examines the philosophy and structure of the Soviet justice system including the police and the citizen groups, court system, pre-trial and trial procedures, sentencing, and corrections.
Abstract
Unlike the US disjointed system, the Soviet criminal justice system is unified. Militia (police), procurators (prosecutors), courts, and correctional facilities operate under a centralized coordinating body. This body is characterized by a unity of purpose and a high degree of systemic integration. During recent history, the goals of the Soviet criminal justice system have shifted from repression by terrorism to crime prevention through education and an emphasis on individual duty in peace-keeping matters. The militia, created in 1917, has been mandated to prevent crime through intelligence activities, direct intervention, and citizen education. Since 1966 it has also been responsible for the supervision of offenders newly released from correctional institutions. Peoples Volunteer Brigades and the Druzhinniks (voluntary detachments of workers militia) aid the militia in crime prevention. The courts also use nonprofessionals in the persons of lay assessors to insure that the accused are judged by their peers. The court system itself is inquisitorial, as opposed to the US accusational model. As the accused move through pretrial and trial procedures their rights may be legally abridged at every step. For example, although they have the right to counsel, this right is not extended until after the pretrial investigations are over. Also, the abuses of the pretrial procedure can be appealed only to the procuracy, not to the courts. Soviet courts have sentences ranging in harshness from public censure to death by shooting. Deprivation of liberty may be applied by degree from 'education' to compulsory labor to strict incarceration. Diversionary sentencing is being organized to reduce prison populations. Correctional facilities depend on inmate commissions to keep order and motivate good behavior through group influence and peer pressure. Inmates as well as civilians have a national duty to 'mind other people's business.' Statistical data and about 20 references including Soviet works are provided. Author abstract modified.