IN DEFENSE OF WHOM? - A CRITIQUE OF CRIMINAL JUSTICE REFORM

• NCJ Number: 65273
• Author(s): G BARAK
• Date Published: 1980
• Length: 150 pages
• Corporate Author: Anderson Publishing Co
• Sale Source: Anderson Publishing Co
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: CRIMINAL JUSTICE STUDIES

Annotation

USING A SOCIOECONOMIC CONTEXT, THIS BOOK REEXAMINES THE CRIMINAL JUSTICE SYSTEM IN ORDER TO CLARIFY AND EXPAND THE DEVELOPING IDEAS OF THE 'NEW CRIMINOLOGY.'

Abstract

ONE PURPOSE OF THE STUDY IS TO DEMONSTRATE THE RELATIONSHIP BETWEEN DEVELOPING POLITICAL AND ECONOMIC STRUCTURES AND JURIDICAL FORMS. THE HISTORICAL RELATIONSHIP IS TRACED BETWEEN THE DEVELOPMENT OF THE CAPITALIST SYSTEM AND RISE OF LIBERAL DEMOCRATIC THOUGHT IN THE 19TH AND 20TH CENTURIES IN ORDER TO SHOW TWO APPROACHES OFTEN USED TO CRIMINAL JUSTICE REFORM. THE FIRST TYPE, STRUCTURAL REFORM, EMERGES OUT OF THE EXCHANGE OF POWER BETWEEN THE CRIMINAL JUSTICE SYSTEM AND THE LARGER POLITICAL ORDER, WHILE THE SECOND TYPE DOES NOT ADDRESS THE NEED FOR STRUCTURAL CHANGES IN THE FUNDAMENTAL RELATIONSHIPS OF A CAPITALIST SOCIETY. THESE NONSTRUCTURAL REFORMS, IT IS ASSERTED, ARE ONLY DESIGNED TO RATIONALIZE A CRIME CONTROL APPARATUS THAT IS A REFLEX OF CLASS-STRATIFIED SOCIETY. TO PROMOTE THE PARTICULAR PERSPECTIVE OF THE 'NEW CRIMINOLOGY,' THE BOOK PROVIDES A HISTORICAL SURVEY OF CRIMINAL JUSTICE, INCLUDING THE FOUNDATIONS OF CRIMINAL LAW, THE DEVELOPMENT OF LAWYERS AS A PROFESSION IN THE U.S., THE CREATION OF THE PUBLIC DEFENDER SYSTEM AS AN OUTGROWTH OF LIBERAL REFORMATION, AND THE PROGRESSION OF CRIME/CLASS CONTROL. FINALLY, THE EQUAL JUSTICE IDEAL AND THE IMPACT OF THE GIDEON V. WAINRIGHT DECISION IS EXAMINED TO FURTHER POINT OUT THE REPRESSIVENESS OF THE PRESENT CRIMINAL JUSTICE SYSTEM AND THE ROLE OF THE PUBLIC DEFENDER IN IT. THE ALTERNATIVE APPROACH TO CRIMINAL JUSTICE--THE 'NEW CRIMINOLOGY'--IS PERCEIVED AS A FAR BETTER WAY OF HANDLING SOCIETY'S PROBLEMS BECAUSE IT EXAMINES THE QUALITY OF THE HUMAN CONDITION IN AMERICA, RATHER THAN MERELY INCREASING THE NUMBER OF MECHANISMS BY WHICH SOCIAL JUSTICE IS CONTROLLED. IT IS CLAIMED THAT THE 'NEW CRIMINOLOGY' EXPOSES THE DIFFERENT LEGAL MYTHS WHICH LEGITIMIZE THE STATE'S MONOPOLY OVER THE USE OF FORCE, PENAL SANCTIONS, AND TERRITORIALITY. REFERENCE NOTES AND AN INDEX ARE PROVIDED. (PAP)