NCJ Number
15213
Date Published
1971
Length
19 pages
Annotation
EXISTING CRIMINAL LAW IS CRITICIZED AND SUGGESTIONS ARE MADE FOR IMPROVEMENTS IN LEGISLATION, SENTENCING, AND THE CORRECTIONS SYSTEM.
Abstract
THE AUTHOR OBJECTS TO EXISTING CRIMINAL LAW ON THE BASIS THAT IT IS THE ONLY PART OF THE LAW UNDER WHICH INJURY IS DONE TO AN OFFENDER INTENTIONALLY AND IN AN ORGANIZED MANNER AND THAT IT CONTINUES ESSENTIALLY UNCHANGED IN THE FACE OF THE NEW FINDINGS OF CRIMINOLOGY AND SOCIOLOGY. SOCIETY ITSELF IS RESPONSIBLE, IN THE FINAL ANALYSIS, FOR THE CONDITIONS WHICH RESULT IN CRIMINAL BEHAVIOR. CRIMINAL BEHAVIOR ON THE MIDDLE AND UPPER LEVELS OF SOCIETY IS IN MANY WAYS MUCH WORST THAN ORDINARY CRIMINALITY. FURTHERMORE, THE CORRECTIONS SYSTEM ITSELF IS A CAUSE OF CRIME THROUGH CRIMINAL CONTAMINATION DURING IMPRISIONMENT AND THE STIGMA WHICH ATTACHES TO EX-PRISONERS. ALSO, A GREAT NUMBER OF OFFENSES GO UNREPORTED. THE SITUATION IS SO BAD THAT IT SEEMS THAT CRIMINAL LAW SHOULD BE DONE AWAY WITH, BUT ANY SYSTEM SUBSTITUTED FOR IT WOULD BE SUBJECT TO THE SAME OBJECTIONS. THEREFORE, THE AUTHOR BELIEVES THAT WE MUST GO ON WORKING WITH EXISTING CRIMINAL LAW, BUT USING GREAT RESTRAINT AND CAUTION IN ITS APPLICATION. IN THE LEGISLATIVE FIELD, HE RECOMMENDS THAT IMPRISONMENT BE REQUIRED AS SPARINGLY AS POSSIBLE BECAUSE OF ITS NEGATIVE SIDE EFFECTS, AND THAT SENTENCING AND CORRECTIONS AUTHORITIES BE GIVEN GREATER SCOPE TO APPLY THE LAW WITH RESTRAINT. HE RECOMMENDS THAT THE POLICE, PUBLIC PROSECUTOR, AND COURTS MAKE EVERY EFFORT TO DISMISS OR ACQUIT AND TO IMPOSE FINES OR SUSPENDED SENTENCES, WHERE JUSTIFIED, WITH IMPRISONMENT ONLY AS A LAST RESORT AND RESTRAINT AS THE WATCHWORD. HE RECOMMENDS THAT CORRECTIONS PERSONNEL DIRECT THEIR EFFORTS AT GETTING THE OFFENDER TO READJUST TO SOCIETY. HE ALSO BELIEVES THAT MORE FREQUENT PARDONS ARE DESIRABLE. --IN DUTCH