MODEL FOR A RATIONAL CRIMINAL JUSTICE SYSTEM (FROM PUNISHMENT - PERSPECTIVES IN A CIVILIZED SOCIETY, 1977, BY ISABELLE COLLORA ET AL - SEE NCJ-56676)

• NCJ Number: 56685
• Author(s): J ALBACH
• Date Published: 1977
• Length: 10 pages
• Corporate Author: University of Texas at Arlington
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE RATIONAL USE OF POLICE DISCRETION, DECRIMINALIZATION, AND SENTENCING ALTERNATIVES THAT REDUCE IMPRISONMENT ARE DISCUSSED, ALONG WITH CORRECTIONS PRACTICES IN SCANDINAVIAN COUNTRIES.

Abstract

THE PERSPECTIVES ON CORRECTIONS PRESENTED REPRESENTS THE VIEWS OF THE NATIONAL COUNCIL ON CRIME AND DELIQUENCY, A NON-PROFIT, PRIVATE ORGANIZATION, WORKING TO IMPROVE THE CRIMINAL AND JUVENILE JUSTICE SYSTEM. THE PRESENT CRIMINAL JUSTICE 'SYSTEM' IS CONSIDERED TO BE A 'NONSYSTEM' WHOSE VARIOUS COMPONENTS ARE NOT ONLY FRAGMENTED IN RELATION TO ONE ANOTHER BUT LACK UNIFORMITY OF PURPOSE WITHIN THEMSELVES. THE POLICE GENERALLY ARE NOT WELL-TRAINED TO THE EXTENT THAT THEY CAN REGULARLY GATHER EVIDENCE AND MAKE ARRESTS THAT CAN LEAD TO CONVICTIONS. POLICE ALSO TEND TO HAVE IRRATIONAL PRIORITIES IN THE USE OF THEIR DISCRETION IN LAW ENFORCEMENT, AS 'VICTIMLESS' CRIMES (DRUNKENNESS, PROSTITUTION, GAMBLING, DRUG POSESSION, ETC.) FREQUENTLY RECEIVE MORE EXPENDITURE OF RESOURCES THAN FELONY OFFENSES. COURTS ARE CLOGGED WITH BACKLOGS OF CASES, SUCH THAT THE CONSTITUTIONAL RIGHT AND DETERRENT VALUE OF A SPEEDY TRIAL ARE LOST. WHEN SENTENCING IS FINALLY DISPENSED, USUALLY AFTER A 'GUILTY' PLEA OBTAINED THROUGH PLEA-BARGAINING, IMPRISONMENT USUALLY FOLLOWS, EVEN THOUGH IMPRISONMENT IS ACKNOWLEDGED BY MOST CRIMINOLOGISTS TO INCREASE THE LIKELIHOOD OF RECIDIVISM. A MORE RATIONAL MODEL FOR CRIMINAL JUSTICE IS THAT IN OPERATION IN THE SCANDINAVIAN COUNTRIES. IN THOSE COUNTRIES, OFFENDERS ARE STILL TREATED AS CITIZENS WITH RIGHTS TO HUMANE TREATMENT. COMMUNITY-BASED CORRECTIONS ARE EMPHASIZED, ALONG WITH TRAINING FOR EMPLOYMENT IN THE COMMUNITY. INSTITUTIONALIZATION IS RESERVED ONLY FOR THE DANGEROUS OFFENDERS. THE UNITED STATES, ON THE OTHER HAND, HAS THE HIGHEST PRISON POPULATION OF ANY COUNTRY IN THE WORLD. WHILE IT IS NOT CLAIMED THAT COMMUNITY-BASED CORRECTIONS AND A DECREASE IN THE USE OF PRISONS HAS HAD SIGNIFICANT IMPACT ON THE CRIME RATE IN THE SCANDINAVIAN COUNTRIES, IT HAS NOT INCREASED IT, AND THE SYSTEM IN OPERATION IS MORE HUMANE AND LESS EXPENSIVE THAN LARGE-SCALE IMPRISONMENT. SENTENCING REFORM IN THE UNITED STATES SHOULD AIM AT REDUCING IMPRISONMENT RATHER THAN INCREASING IT. (RCB)