NCJ Number
56723
Date Published
1977
Length
7 pages
Annotation
EXTREME FORMS OF THE REHABILITATION MODEL, INCLUDING INDETERMINATE SENTENCING, ARE CRITIQUED AS UNDERMINING THE CONCEPT OF JUSTICE.
Abstract
TRADITIONAL AND HISTORIC CONCEPTS OF JUSTICE PRESCRIBE PRECISE PUNISHMENTS FOR SPECIFIC CRIMINAL OFFENSES WITHOUT DISCRIMINATION OR DISPARITY. THE REHABILITATION MODEL FOR SENTENCING AND CORRECTIONS, PARTICULARLY IN ITS EXTREME FORMS, WHERE OFFENDERS ARE GIVEN INDETERMINATE SENTENCES WHOSE TERMINATION IS DEPENDENT UPON THE JUDGEMENT OF THERAPISTS THAT REHABILITATION HAS BEEN ACCOMPLISHED, UNDERMINES THIS CONCEPT OF JUSTICE. THIS SUBVERSION OF JUSTICE OCCURS BECAUSE THE SOCIAL CONTROLLERS HAVE BEEN RELEASED FROM PRECISE LEGISLATIVE MANDATES FOR ADMINISTERING JUSTICE. THE PROGRAMS OF CORRECTIONS ARE INSTEAD DETERMINED BY THE SUBJECTIVE AND FREQUENTLY ARBITRARY STANDARDS FOR 'NORMAL' BEHAVIOR HELD BY THOSE WHO HAPPEN TO BE OPERATING A PARTICULAR REHABILITATION PROGRAM. THE EPITOME OF REHABILITATION MODELS IS MANIFEST IN THE AMERICAN PENAL CODE, THE AMERICAN LAW INSTITUTE, AND THE MODEL SENTENCING ACT OF THE NATIONAL COUNCIL ON CRIME AND DELINQUENCY, WHICH STRUCTURES SENTENCING ON THE BASIS OF THE DIAGNOSIS OF THE OFFENDER RATHER THAN ON THE BASIS OF THE CRIME COMMITTED. DIVERSION PROGRAMS HAVE ALSO SUBVERTED CONCEPTS OF JUSTICE, BECAUSE THEY HAVE CREATED A NEW APPENDAGE TO THE CRIMINAL JUSTICE SYSTEM WHICH DOES NOT OPERATE UNDER DUE PROCESS PROCEDURES AND WHICH COMMANDS OBEDIENCE UNDER THE THREAT OF PROSECUTION. THE ADMINISTRATION OF CRIMINAL JUSTICE SHOULD RETREAT FROM THE EXTREME FORMS OF THE REHABILITATION MODEL TO EXECUTE ITS PRIMARY RESPONSIBILITY OF ASSURING JUSTICE ACCORDING TO LAW.