NCJ Number
59420
Journal
American Behavioral Scientist Volume: 22 Issue: 6 Dated: (JULY/AUGUST 1979) Pages: 678-696
Date Published
1979
Length
17 pages
Annotation
A DRASTIC OVERHAUL OF THE ENTIRE RANGE OF ACTIVITIES ASSOCIATED WITH MISDEMEANANT JUSTICE IS REQUIRED TO REDUCE THE NUMBER OF MISDEMEANORS AND TO ELIMINATE THE SPECIAL COURT SYSTEM SET UP FOR SUCH CASES.
Abstract
COURTS THAT ADMINISTER MISDEMEANANT JUSTICE HAVE BEEN CHARACTERIZED AS A 'NATIONAL SHAME' (ROBERTSON, 1974). JAILS WHICH HOUSE SENTENCED MISDEMEANANTS HAVE BEEN SHARPLY CRITICIZED ALMOST SINCE THEIR INCEPTION. ALTHOUGH THE RESILIENCY OF THE SYSTEM RESULTS IN PART FROM THE TYPES OF PEOPLE HANDLED BY THE SYSTEM (I.E., DRUNKS AND PROSTITUTES AND THE USE OF THE SYSTEM AS A CONVENIENT 'DUMPING GROUND' FOR POLITICAL HACKS, THE SYSTEM HAS CONTINUED TO BE PLAGUED BY PROBLEMS BECAUSE REFORM EFFORTS HAVE BEEN PIECEMEAL AND UNCOORDINATED. THE BEST HOPE FOR CORRECTING THE ABUSES EXISTING IN THIS SYSTEM RESTS IN A RADICAL RESTRUCTURING OF THE SYSTEM. VICTIMLESS CRIMES, SUCH AS NARCOTIC USE AND GAMBLING, SHOULD BE ELIMINATED FROM THE CRIMINAL STATUTE BOOK. STATE LEGISLATORS SHOULD RECLASSIFY CURRENT MISDEMEANORS, WHICH ARE FOUND TO BE A SERIOUS THREAT TO SOCIETY, AS FELONIES. COURTS WHICH ARE NOW HANDLING JUST MISDEMEANORS SHOULD BE FULLY INCORPORATED IN THE REGULAR JUDICIAL HIERARCHY OF TRIAL COURTS. FINALLY, JAILS SHOULD BE ABOLISHED. ALL PERIODS OF INCARCERATION OF LESS THAN 6 MONTHS, SHOULD BE ENDED, AND SUCH SENTENCES SHOULD ONLY BE SERVED IN STATE CORRECTIONAL FACILITIES. IF A CONVICTED PERSON REQUIRES LESS THAN A 6 MONTH SENTENCE, IT SHOULD BE SERVED IN ALTERNATIVE INSTITUTIONS SUCH AS COMMUNITY-BASED PROGRAMS. EVEN PRETRIAL DETAINEES COULD BE HELD IN STATE FACILITIES. REFERENCES ARE PROVIDED. (KCP)