NCJ Number
42794
Date Published
1976
Length
19 pages
Annotation
THE AUTHOR DISCUSSES THE DIFFERENCES IN LEGAL, JUDICIAL, AND SOCIAL VALUES, AND NOTES THE DIVERSE EFFECTS THAT THESE VALUES AND ATTITUDES MAY HAVE ON THE FORMATION AND APPLICATION OF THE LAW.
Abstract
THEORETICALLY, THE LAW REPRESENTS SOCIETY'S VALUES AT THE MOMENT IN WHICH THE LAW WAS ENACTED. THE AUTHOR CONTENDS, HOWEVER, THAT LAW IS NOT A TRUE EXPRESSION OF SOCIETY'S VALUES, BUT IS RATHER A REFLECTION OF THE VALUES OF THE STATE. AFTER BRIEFLY REVIEWING THE KINDS OF ACTIVITIES CONSIDERED TO BE CRIMES IN ANCIENT TIMES (AND THUS REFLECTING THE VALUES OF THE STATE IN THOSE TIMES), THE AUTHOR NOTES THE IMPACT THAT SOME MODERN VALUES HAVE HAD ON THE LAW. IN PARTICULAR, HE CITES AN INCREASED CONCERN WITH CRIMES AGAINST PEOPLE'S PROPERTY AND A LESSENED CONCERN ABOUT CRIMES AGAINST PEOPLE'S MENTAL OR PHSYCIAL INTEGRITY. THIS, HE CLAIMS, IS A RESULT OF THE MODERN EMPHASIS ON MONEY AND MATERIAL POSSESSIONS. JUDICIAL VALUES ALSO REFLECT THIS MATERIALISTIC ORIENTATION, THE AUTHOR CLAIMS. HOWEVER, JUDGES ARE ALSO SUBJECT TO THEIR OWN VALUES AND ATTITUDES, WHICH INFLUENCE THEIR ADMINISTRATION OF JUSTICE. SOCIAL PREJUDICES AND THE EDUCATIONAL AND SOCIAL BACKGROUND OF JUDGES INFLUENCE THEIR DECISIONS. ATTEMPTS TO OVERCOME THESE FACTORS THROUGH OPEN COMMUNICATION WITH THE ACCUSED ARE USELESS, SINCE MOST JUDGES HAVE NEITHER THE TIME NOR THE INCLINATION FOR THIS TYPE OF COMMUNICATION, THE AUTHOR STATES. IN DISCUSSING THE IMPACT OF SOCIAL VALUES ON JUSTICE, THE AUTHOR FIRST NOTES THAT THESE VALUES MAY CHANGE WITH THE TIMES. ALTHOUGH PUBLIC OPINION CAN BE A POWERFUL FORCE, THE AUTHOR NOTES THAT FOR THE MOST PART, THE PUBLIC IS CONTENT TO DELEGATE THIS POWER TO THE LEGAL ESTABLISHMENT. HOWEVER, THE AUTHOR NOTES THAT THERE ARE TIMES WHEN PUBLIC OPINION CAN EXERCISE A POWERFUL, AND SOMETIMES OVERPOWERING INFLUENCE ON BOTH LEGISLATIVE AND JUDICIAL ACTIONS. --IN SPANISH....DMC