NCJ Number
60424
Journal
Political Quarterly Volume: 50 Issue: 1 Dated: (JANUARY - MARCH 1979) Pages: 50-59
Date Published
1979
Length
10 pages
Annotation
THE PENAL LOBBY FOR LAW AND ORDER IN GREAT BRITAIN IS ADDRESSED, WITH PARTICULAR EMPHASIS ON THE IMPROPER USE OF PRISONS, JUVENILE CRIME, PLURALIST AND MARXIST IDEAS, AND THE POLITICAL RESPONSIBILITY FOR LAW AND ORDER.
Abstract
THE ASSUMPTION THAT A PROGRESSIVELY MORE LIBERAL PENAL SYSTEM IN GREAT BRITAIN HAS FAILED AND THAT MORE STRINGENT MEASURES ARE NEEDED TO STEM THE RISING TIDE OF CRIME AND LAWLESSNESS IS NOT SUPPORTED. IN CERTAIN RESPECTS, THE PENAL SYSTEM IS MORE REPRESSIVE THAN IT WAS 10 OR 15 YEARS AGO. THIS IS A STATE OF AFFAIRS FOR WHICH THE PENAL LOBBY AND POLITICIANS MUST TAKE A LARGE SHARE OF THE BLAME. WITH REGARD TO THE IMPROPER USE OF PRISONS, THE MOST OBVIOUS EFFECT OF THE RISE IN THE PRISON POPULATION SYSTEM IS, AND HOW PRISONS IN THE CONTEXT OF THE PENAL SYSTEM HAVE BECOME REPRESSIVE TO THE POINT OF ANARCHY. IF POLITICIANS ARE UNABLE TO RECOGNIZE THAT THE PRISON SYSTEM NEEDS TO BE LIBERALIZED RATHER THAN MADE MORE REPRESSIVE, AND THAT AN OVER-RELAXED PRISON ENVIRONMENT DOES NOT ENCOURAGE RECIDIVISM, ANOTHER ROUND OF PRISON DISTURBANCES SEEMS LIKELY. IN THE AREA OF JUVENILE CRIME, THE PENAL LOBBY MAY HAVE MISINTERPRETED THE SIGNIFICANCE OF JUVENILE CRIME. FOR EXAMPLE, THERE IS SOME EVIDENCE THAT POLICE OFFICERS ARE TRYING TO PREVENT SERIOUS JUVENILE CRIME BY RELATING MORE CLOSELY TO LOCAL COMMUNITIES. THE RESULT OF THIS, HOWEVER, CAN BE OVERPOLICING IN SOME AREAS AND THE HANDING OUT OF OFFICIAL CAUTIONS FOR TRIVIAL MISDEMEANORS. ENFORCEMENT OF THE CHILDREN AND YOUNG PERSONS ACT OF 1969 HAS NOT BEEN ADEQUATE, AND IT IS GENERALLY AGREED THAT LOCAL SOCIAL SERVICE DEPARTMENTS HAVE NOT ADJUSTED TO THEIR RESPONSIBILITIES UNDER THE ACT. THE CENTRAL IRONY IS THAT MAJOR PROVISIONS OF THE ACT HAVE YET TO BE IMPLEMENTED. PLURALIST AND MARXIST PERSPECTIVES COMPLICATE THE BUSINESS OF PENAL REFORM. FURTHERMORE, IN THE CUMBERSOME LANGUAGE OF POLITICAL SCIENCE, THE PRIMARY ISSUE INVOLVES A TRANSMISSION PROBLEM, I.E., GOVERNMENTS IN LIBERAL DEMOCRATIC SOCIETIES CAN MAKE LAWS BUT CANNOT CONTROL HOW LAWS ARE IMPLEMENTED BECAUSE OF INDEPENDENT JUDICIAL SYSTEMS. ON THE BASIS OF EXISTING EVIDENCE, THE TIME IS RIGHT FOR A MAJOR POLITICAL INITIATIVE TO LIBERALIZE THE PENAL SYSTEM AND TO DISPEL MANY MYTHS WHICH THE LAW AND ORDER LOBBY HAS WORKED SO HARD TO CREATE. (DEP)