ISSUES IN THE LAW OF CRIMINAL CORRECTIONS, VOLUME 1

• NCJ Number: 62592
• Author(s): S T LETMAN
• Date Published: 1979
• Length: 76 pages
• Corporate Author: Pilgrimage Press
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

ARTICLES IN THIS TEXT, WHICH IS DESIGNED TO ASSIST STUDENTS IN UNDERSTANDING BASIC CORRECTIONAL LAW, FOCUS ON ECONOMIC COSTS OF CRIME, PRETRIAL PUBLICITY, AND LEGAL ETHICS.

Abstract

EMPIRICAL ANALYSIS OF STUDIES AND THEORIES REVEALS THAT THE AMOUNT OF DAMAGE TO SOCIETY INCREASES AS THE LEVEL OF CRIMINAL ACTIVITY INCREASES AND THAT THE NET COST OF CRIME TO SOCIETY IS THE DIFFERENCE BETWEEN HARM AND COST ASPECTS OF LAW ENFORCEMENT. BECKER'S ECONOMIC THEORY OF CRIME, FOR EXAMPLE, INDICATES THAT FINES ARE IMPORTANT DETERRENTS TO CRIMINAL BEHAVIOR, THAT THE NEGATIVE INCENTIVE OF IMPRISONMENT HAS A PREVENTIVE EFFECT, THAT THE EFECTIVENESS OF LAW ENFORCEMENT CAN BE MEASURED QUANTITATIVELY, AND THAT LAW ENFORCEMENT EXPENDITURES CAN BE MADE RESPONSIVE TO LEVELS OF CRIME IN SOCIETY. THE ISSUE OF PRETRIAL AND TRIAL PUBLICITY AS A FREEDOM OF THE PRESS RIGHT GUARANTEED TO THE NEWS MEDIA BY THE FIRST AMENDMENT SOMETIMES CONFLICTS WITH RIGHTS OF THE ACCUSED TO A FAIR TRIAL UNDER THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS. THE UNDERLYING FEAR OF THE JUDICIARY IN CASES INVOLVING MASS PUBLICITY IS THAT SUCH PUBLICITY WILL SATURATE OR SWAY THE MINDS OF JURORS TO THE EXTENT THAT THEY CANNOT RENDER AN IMPARTIAL VERDICT. IN TERMS OF LEGAL ETHICS, A MAJOR ISSUE IS HOW TO RESOLVE CONFLICTS BETWEEN AN ATTORNEY'S RESPONSIBILITIES AS A HUMAN BEING AND CONCERNED CITIZEN AND AS AN OFFICER OF THE COURT. THIS DILEMMA MUST ALMOST NECESSARILY BE SOLVED ON THE SIDE OF THE LAW EVEN IF THE LAW DIFFERS WITH AN ATTORNEY'S SENSE OF ETHICS. IT IS ARGUED THAT ATTORNEYS IN THE WATERGATE SITUATION WHO EMERGED AS ETHICAL WERE 'HIRED GUNS' WITH LITTLE PERSONAL BIAS TOWARD THE CAUSE OF THEIR CLIENTS AND THAT ATTORNEYS WHO EMERGED AS UNETHICAL WERE VICTIMS OF AN OVERWEANING COMMITMENT TO A CAUSE. THE ROLE OF VARIOUS LAWYERS IN WATERGATE IS EXAMINED. COURT DECISIONS RELEVANT TO THE IMPACT OF PRETRIAL AND TRIAL PUBLICITY ARE REVIEWED, AND THE DUTY OF PROSECUTORS TO DISCLOSE EVIDENCE TO DEFENDANTS IS CONSIDERED. CASE LAW IS CITED. FOOTNOTES, REFERENCES, AND A BIBLIOGRAPHY ARE INCLUDED. (DEP)