NCJ Number
61268
Journal
Journal of Politics Volume: 40 Issue: 4 Dated: (NOVEMBER 1978) Pages: 865-897
Date Published
1978
Length
34 pages
Annotation
CULTURAL ASPECTS OF SOCIAL CLEAVAGE IN CRIMINAL JUSTICE ARE EXPLORED, WITH CONSIDERATION GIVEN TO POLITICS OF THE CRIMINAL PROCESS AND IMPLICATIONS OF THE CULTURAL PERSPECTIVE FOR RULE OF LAW VALUES.
Abstract
THE RULE OF LAW IDEAL, AS APPLIED TO THE CRIMINAL PROCESS, IS BASED ON THE ASSUMPTION THAT SOCIAL DIFFERENCES CAN BE SCREENED FROM CRIMINAL PROCEEDINGS AND ON THE COMPANION PROPOSITION THAT SUCH SCREENING IS DESIRABLE. CONCEPTUAL APPROACHES TO POLITICAL ANALYSIS OF THE CRIMINAL PROCESS ARE BASED ON CRIME CONTROL AND DUE PROCESS, THE IDENTIFICATION OF LAW WITH DOMINATION, AND SOCIAL REALITY THEORY. NO SUBSTANTIAL BODY OF LITERATURE ON SOCIAL SEGMENTATION, HOWEVER, IS AVAILABLE TO STUDY CULTURAL ASPECTS OF CRIMINAL JUSTICE. WITH REGARD TO PROBLEMS OF COMMUNICATION ACROSS SEGMENTED BOUNDARIES OF SOCIETY AND DIFFERENCES IN PERCEPTIONS ROOTED IN DISTINCTIVE INTERESTS AND VALUES, THE QUESTION IS WHETHER AND TO WHAT EXTENT EXCHANGES ACROSS LINES OF SOCIAL SEGMENTATION ARE IMPAIRED BY CULTURAL DISCONTINUITIES. SEGMENTATION IS PRIMARILY CONCERNED WITH RACE/ETHNICITY, SOCIAL CLASS, AND ROLE DIFFERENTIATION. THE CRIMINAL PROCESS HAS THREE STAGES THAT PERTAIN TO SOCIAL SEGMENTATION-SCREENING: ENCOUNTERS BETWEEN POLICE AND CITIZENS; DISPOSITIONAL OR PLEA BARGAINING PROCESS; AND FORMAL TRIAL. OF THESE STAGES, THE FORMAL TRIAL COMES THE CLOSEST IN THEORY TO THE RULE OF LAW IDEAL. FORMAL TRIALS TEND TO MINIMIZE THE INFLUENCE OF SOCIAL SEGMENTATION, AND FOCUS ATTENTION ON FACTS AND EVIDENCE RATHER THAN ON THE PARTICIPANTS IDENTITY. IT IS ARGUED THAT THE CRIMINAL PROCESS HAS BOTH MANIFEST AND LATENT CAPABILITIES FOR BRIDGING SOCIETAL-CULTURAL DIVISIONS AND FOR PROVIDING A MODICUM OF DISCRETIONARY JUSTICE. FOOTNOTES ARE INCLUDED. (DEP)