NCJ Number
44892
Journal
Law and Contemporary Problems Volume: 41 Issue: 1 Dated: (WINTER 1977), SPECIAL ISSUE Pages: COMPLETE ISSUE
Editor(s)
P J COOK,
A K PYE
Date Published
1977
Length
302 pages
Annotation
A SYMPOSIUM DEALING WITH CRIMINAL CODE REFORM, PREVENTIVE EFFECTS OF PUNISHMENT, AND CRIMINAL PROCEDURES INNOVATIONS IS PRESENTED.
Abstract
ISSUES, TACTICS, AND PROSPECTS CONCERNING REFORM OF THE FEDERAL CRIMINAL LAWS ARE DISCUSSED IN THE FIRST ARTICLE, WHICH DESCRIBES THE REFORM PROJECT IN THE SETTING OF CONTROVERSY OVER THREE VERSIONS OF REFORM. A SECOND ARTICLE DISCUSSES THE REFORM OF STATE CRIMINAL LAW AND PROCEDURE; CONTROVERSIAL, IMPORTANT AREAS CONCERNING THE PREPARATION OF REVISED PENAL CODES OR RULES OF CRIMINAL PROCEDURE ARE TOUCHED UPON. A THIRD DISCUSSION PRESENTS A CRITIQUE OF FOUR MODELS REGARDING THE GUILTY PLEA; THE PROCESS OF NEGOTIATION, THE TRUTH OF IT, AND THE PROPER CIRCUMSTANCES OF ITS VOIDANCE ARE EXAMINED. AN ARTICLE ON PERSPECTIVES IN CORRECTIONS DISCUSSES CONFLICTING VIEWS OF CRIME AND PUNISHMENT AS REFLECTED BOTH IN PROPOSED PENAL CODES AND LITERATURE, CHANGING ASSUMPTIONS CONCERNING HUMAN NATURE, AND HOW THESE CHANGING ASSUMPTIONS HAVE AFFECTED SENTENCING AND CORRECTIONAL POLICIES AND THEIR IMPLEMENTATION IN THE UNITED STATES. A CRITIQUE OF FINDINGS CONCERNING THE PREVENTIVE EFFECTS OF PUNISHMENT EXPLAINS WHAT QUESTIONS HAVE BEEN ADDRESSED IN RESEARCH, INDICATES WHAT TECHNIQUES ARE BEING USED TO ANSWER THEM, AND PROVIDES AN INTERPRETATION OF WHAT CAN BE HOPED TO BE LEARNED THROUGH THESE TECHNIQUES. IN A SUBSEQUENT DISCUSSION, THE USES OF SOCIAL SCIENCE IN TRIALS WITH POLITICAL AND RACIAL OVERTONES ARE ILLUSTRATED THROUGH AN ACTUAL TRIAL CASE. ALSO PRESENTED IS AN EVALUATION OF A SUCCESSFUL WORK RELEASE PROGRAM IN NORTH CAROLINA. THE FINAL ARTICLE FOCUSES ON SPECIALIZATION IN CRIMINAL LAW; THE AMERICAN BAR ASSOCIATION'S APPROACH TO SPECIALIZATION IS DETAILED.