NCJ Number
46103
Date Published
1977
Length
141 pages
Annotation
THIS IS AN ANTHOLOGY OF ESSAYS ON VARIOUS ASPECTS OF COURT PROCEDURE AND PENOLOGY BY SELECTED MEMBERS OF THE ACADEMIC COMMUNITY AND THE LEGAL AND CORRECTIONS PROFESSIONS.
Abstract
THIS VOLUME IS DIVIDED INTO SEVEN PARTS, EACH CONTAINING TWO ESSAYS. PART I DEALS WITH HUMANIZING THE CRIMINAL JUSTICE SYSTEM AND FOCUSES ON THE CONCEPT OF PUNISHMENT VERSUS TREATMENT; IT DEVELOPS THE THESIS THAT WESTERN RITUALS OF VOLUNTARY TRANSFORMATION -- PENANCE AND PSYCHOTHERAPY -- HAVE BEEN RENDERED IMPOTENT AND DEGRADING BY THEIR IMPORTATION INTO A COERCIVE SYSTEM OF INDETERMINACY AND CONDITIONALITY, AND ALSO ENUMERATES THE DEFINING CHARACTERISTICS OF TREATMENT AND OF PUNISHMENT. THE SECOND PART BROACHES THE SUBJECT OF CRIMINAL JUSTICE AND INDIVIDUAL RESPONSIBILITY AND GRAPPLES WITH THE DILEMMA OF PUNISHMENT WHICH, IN PRACTICE, TENDS TO DEMEAN OR DESTROY AND WHICH IS A SELF-DEFEATING MEANS OF FIXING RESPONSIBILITY. THE MISLABELING OF OFFENDERS AND INSTITUTIONS AS A PART OF A MYSTIFICATION PROCESS INHERENT IN PSYCHIATRIC MYTHOLOGIZING IS ALSO DISCUSSED. PART III UNDERTAKES AN EXAMINATION OF SENTENCE REFORM AND REVIEWS ELEMENTS OF THE LEGISLATIVE, JUDICIAL, AND ADMINISTRATIVE HISTORY OF PENAL SANCTIONS IN CALIFORNIA AND CONCENTRATES UPON RECENT EVENTS IN THE MOVEMENT FOR GREATER DETERMINACY IN SENTENCING. THE DECRIMINALIZATION OF SUMPTUARY OFFENSES, THE ELEVATION OF RESOURCE INVESTMENT TO PROVIDE COMMUNITY ALTERNATIVES FOR SENTENCING NONVIOLENT AND NONDANGEROUS PROPERTY OFFENDERS, AND INCREASED ATTENTION TO THE RIGHTS AND INDIVIDUAL NEEDS OF OFFENDERS WHO MUST BE MAINTAINED IN A PENAL ATMOSPHERE ARE ALSO DISCUSSED. PART IV CENTERS ON THE DELANCEY STREET FOUNDATION AND THE MODEL STATUS OFFENDER PROGRAM; BOTH ARE PROJECTS EXECUTED ON THE COMMUNITY LEVEL WITH THE AIM OF PROVIDNG PSYCHOLOGICAL COUNSELING AND DECREASED RECIDIVISM AND INCARCERATION. PART V CONSISTS OF A PRESENTATION OF A RELATIONIST VIEWPOINT AS REGARDS MEASURES BEYOND TREATMENT AND PUNISHMENT, AND OF A REBUTTAL TO THIS VIEWPOINT. IN PART VI A PRISONER'S UNION LEADER EXPLAINS THE NECESSITY FOR A PRISONERS' RIGHTS ORGANIZATION LINKING INCARCERATED MEMBERS WITH AN OUTSIDE MEMBERSHIP, AND AN ANTHROPOLOGIST CHARACTERIZES THE CRIMINAL JUSTICE SYSTEM AS A REPRESSIVE APPARATUS DESIGNED TO MAINTAIN ECONOMIC HEGEMONY BY A RULING CLASS. IN PART VII LEGISLATION BEFORE THE CALIFORNIA STATE LEGISLATURE CALLING FOR A BASIC OVERHAUL OF CRIMINAL PENALTY PROVISIONS AND FOR A REDISTRIBUTION OF POWER AND CONTROL OVER CUSTODY AND CORRECTIONS PROGRAMS IS OUTLINED. A PHILOSOPHICAL EXAMINATION OF THE STATE OF THE ECONOMY AND THE PESSIMISTIC SHORT-TERM FUTURE OF LIBERTY AND JUSTICE IS ALSO UNDERTAKEN. NO FOOTNOTES DR BIBLIOGRAPHIES ARE PROVIDED. (KBL) LIBERTY AND JUSTICE IS ALSO UNDERTAKEN. NO FOOTNOTES OR BIBLIOGRAPHIES ARE PROVIDED. (KBL)