NCJ Number
44688
Journal
Law and Contemporary Problems Volume: 41 Issue: 1 Dated: (WINTER 1977) Pages: 132-163
Date Published
1977
Length
32 pages
Annotation
ISSUES IN THE DEBATE OVER THE PROPER RELATIONSHIP BETWEEN CRIME AND PUNISHMENT ARE DISCUSSED, WITH REFERENCES TO PROPOSED PENAL REFORMS, LITERATURE, AND SENTENCING AND CORRECTIONAL POLICIES.
Abstract
AT ISSUE IS WHETHER PUNISHMENT SHOULD FIT THE CRIME OR THE INDIVIDUAL WHO COMMITS THE CRIME. CONFLICTING VIEWS AND CHANGING ASSUMPTIONS CONCERNING HUMAN NATURE HAVE AFFECTED SENTENCING AND CORRECTIONAL POLICIES AND THEIR IMPLEMENTATION IN THE UNITED STATES. CONTROVERSY IN THE FIELD OF CORRECTIONS HAS FOCUSED ON REHABILITATION AND REFORMATION, INDETERMINATE AND DETERMINATE SENTENCING, PROBATION AND PAROLE, INDIVIDUALIZED TREATMENT, PRISON UNREST, THE PRISON ENVIRONMENT, AND THE COSTS OF PRISON. FEW AUTHORITIES IN THE FIELD BELIEVE THAT THE CORRECTIONS SYSTEM IN THE UNITED STATES HAS BEEN SUCCESSFUL. HOWEVER, ANALYSES OF THE PROBLEMS ARE AS DIVERGENT AS THE IDEOLOGIES ON WHICH THEY REST. ALTHOUGH SOME SUGGEST THAT A CONSENSUS IS FORMING WITH REGARD TO THE PROPER CONTEXT FOR CORRECTIONS, SUCH A CONSENSUS, IF IT EXISTS, IS NOT UNANIMOUS. MANY PROPOSED CODES AND STANDARDS INDICATE THAT THE REHABILITATIVE IDEAL AND THE DISCRETIONARY AUTHORITY ASSOCIATED WITH IT ARE STILL ALIVE. ONE THEORIST HOLDS THAT THE CORRECTIONS SYSTEM IS IN A TRANSITIONAL STAGE, IN WHICH NEW EXPLANATIONS ARE BEGINNING TO COMPETE WITH OLD ONES, BUT THAT FUNDAMENTAL CHANGE WILL NOT OCCUR UNTIL A NEW VIEW OF THE NATURE OF HUMANITY EMERGES. MOST SUGGESTED REFORMS REVOLVE AROUND THE NOTION THAT, THROUGH REHABILITATION, PUNISHMENT, DETERRENCE, THE 'JUST PRISON,' OR SOME MUTATION OR COMBINATION OF THESE, THE CORRECTIONAL SYSTEM WILL HAVE SOME IMPACT ON CRIME. HOWEVER, THERE IS LITTLE EVIDENCE TO SUPPORT THIS NOTION. A FAIR AND EFFICIENT CRIMINAL JUSTICE SYSTEM, WORK AND EDUCATION PROGRAMS FOR OFFENDERS, AND COMMUNITY ALTERNATIVES TO INCARCERATION ALL ARE IMPORTANT. HOWEVER, IT IS A PRETENSE TO CLAIM THAT SUCH EFFORTS ARE BY THEMSELVES THE MOST EFFECTIVE WAY TO COMBAT CRIME. CRIME PREVENTION REQUIRES A TRULY JUST SOCIETY, NOT ONLY A JUST PRISON.